Court refuses relief from sanctions under new rules where claimant breached unless order


18th April 2013

James Henry (instructed by Karen Mann of Greenwoods and representing Sabre Insurance) successfully opposed a Claimant’s application for relief from sanctions in an early decision applying the new CPR r.3.9. The Court refused relief from sanctions where the Claimant’s case was struck out for failure to comply with an unless order. The decision represents an early indication of the robust approach Courts will adopt in their application of the new CPR r.3.9 and the need to enforce compliance with rules, practice directions and orders.