Relief From Sanctions: The Forewarning Of A Merits-based Escape

Few words strike fear into the hearts of litigators more than reference to "the Denton principles'. These are the principles which the English court applies when considering an application for relief from sanctions. In other words, the yardstick against which petitions for leniency are measured when there has been a breach of the procedural rules.

The sanctions from which one is seeking relief can, of course, vary. The Civil Procedure Rules and in turn the court applying them impose different consequences depending on the breach in question. The sanctions that the court can apply range from disallowing certain costs, placing no weight on particular evidence, all the way to staying or striking out proceedings for the most egregious breaches.