Overview:

Since the 2013 amendments to the Civil Procedure Rules (CPR), the approach to procedural compliance and sanctions has become significantly more stringent. The modern litigation landscape places considerable emphasis on adherence to court timetables and directions, with sanctions often proving decisive in the outcome of cases. Understanding when sanctions arise, how they can be avoided, and how relief may be obtained is therefore essential for effective case management.

This webinar provides a practical and forensic examination of the sanctions regime under the CPR. It explores key appellate guidance, the court’s approach to non-compliance, and the tactical considerations that arise when seeking or resisting relief from sanctions. It also considers how sanctions principles are applied even before a sanction formally takes effect, and the risks that arise in day-to-day procedural decision-making.

Participants will gain insight into both the legal framework and the strategic realities of litigation under the post-2013 CPR regime, with a focus on avoiding procedural pitfalls and managing exposure to adverse outcomes.

Learning Objectives

By the end of this webinar, participants will be able to:

• Understand the post-2013 CPR sanctions framework
  • Explain the purpose and effect of the 2013 CPR amendments
  • Identify the policy shift towards stricter compliance
• Recognise when sanctions apply
  • Determine the circumstances in which procedural breaches trigger sanctions
  • Distinguish between automatic and discretionary sanctions
• Apply principles for relief from sanctions
  • Analyse key factors the court considers when granting relief
  • Develop effective arguments for and against relief applications
• Understand extensions of time in a non-sanction context
  • Assess the court’s “forensic” approach to time extensions before sanctions arise
  • Recognise how judicial discretion operates differently pre- and post-sanction
• Evaluate judicial approaches to imposing sanctions
  • Understand how courts assess non-compliance where no sanction is yet in effect
  • Compare this with the approach to applications for relief from sanctions
• Identify common procedural traps
  • Recognise rule-based pitfalls that frequently lead to sanctions
  • Implement practical safeguards to avoid non-compliance
• Develop systems to reduce risk
  • Design internal processes for compliance with CPR deadlines and directions
  • Implement risk management strategies for litigation teams
• Understand the role of surveillance evidence in sanctions disputes
  • Consider how evidential conduct may influence the court’s approach
  • Evaluate credibility and procedural fairness issues
• Assess the impact of the overriding objective
  • Understand how proportionality and case management influence sanctions decisions
  • Evaluate consequences of agreeing or refusing extensions of time
• Analyse costs consequences of sanctions applications
  • Determine when applications for relief may lead to adverse costs orders
  • Understand how conduct affects costs outcomes in procedural disputes