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#4716 - Sanctions - BPC Civil Litigation

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SANCTIONS 2 purposes: 1. ensure orders and directions are complied with - preserve trial date 2. punish for default Non-compliance with Pre-Action Protocol Various sanctions Requirement that address in Particulars of Case and Defence - party should respond to allegation of non-compliance Non-compliance with CPR Sanctions may depend on the rule Failure to disclose expert evidence - may not rely on at trial without permission and/or adverse inferences Failure to pay listing/allocation fee - claim struck out Non-compliance with Directions If both parties breach - no sanction if still reasonably possible to have a fair trial Key dates: * Filing Allocation Questionnaires * Case-management conferences * Pre-trial reviews * Filing pre-trial checklists * Trial Timetable may be varied by agreement unless express provision cannot. If default does not affect key dates - not a problem If default outside party's control - parties should cooperate to preserve key dates Preservation of Trial Date Court will not allow failure to comply with directions to lead to postponement of trial unless exceptional circumstances * no need for "exceptional circumstances" if default outside control of parties Unless Order If practicable, Court will exercise its power so case able to come to trial on date/within period set. 1. Assess steps which need to be taken to prep for trial 2. Order steps to be taken in shortest possible time 3. Impose sanction for non-compliance

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#4716 - Sanctions - BPC Civil Litigation

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