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A not-for-profit organisation
committed to injured people
A not-for-profit organisation
committed to injured people

Procedural default and sanctions in the courts in 2026: Important lessons for practitioners to avoid problems in 2027 (and beyond)

CPD
1 hour
Target audience
Any level

Procedural mistakes continue to destroy perfectly good cases.

2026 has already produced a formidable collection of judgments involving missed deadlines, breached court orders, late applications, defective compliance, unless orders, costs budgets, default judgments and applications for relief from sanctions.

Some applications for relief have succeeded. Many have not. In some cases the consequences have been catastrophic.

This webinar looks at the cases decided during 2026 and asks the questions that matter to practising litigators:

  • Why did things go wrong?
  • Why was relief granted in some cases but refused in others?
  • What could the lawyers have done to prevent the problem arising in the first place

And, perhaps most importantly:

  • “What should you do when you discover that something has already gone wrong?”

Using cases reported and discussed throughout 2026, the webinar examines the practical operation of the rules relating to procedural default and relief from sanctions.

The emphasis throughout is on avoiding problems before they arise and dealing effectively with them when they do.

Topics include:

  • Denton in 2026 – what the courts are actually doing with the three-stage test
  • Serious and significant breaches – what has, and has not, crossed the threshold
  • The search for a “good reason” – and explanations that have failed to impress the courts
  • Stage three of Denton – the circumstances the courts are taking into account
  • Unless orders and peremptory orders – when sanctions take effect and the importance of construing the order correctly
  • When there has not actually been a breach at all – important Court of Appeal guidance on the construction of unless orders
  • Repeated default – what happens when non-compliance becomes a pattern rather than an isolated mistake
  • Delay and inactivity – why doing nothing can be fatal even where the underlying case is substantial
  • Default judgment and Denton – the continuing interaction between CPR 13 and the relief from sanctions principles
  • Costs budgets – the consequences of leaving them until the last minute
  • Appeals and time limits – why getting the date wrong can end the appeal before it starts
  • Whose fault is it anyway? – the significance of default being the fault of the solicitor rather than the client
  • Public bodies and compliance – whether different considerations arise when a public authority is in default
  • The merits of the underlying case – why having a strong claim or defence does not provide a “free pass”
  • Applications for relief from sanctions – evidence, timing, explanation and presentation
  • Preventing procedural default – systems that should be in place in every litigation practice


Presented by Gordon Exall

Barrister
Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London

Gordon was called to the Bar in 1991 having originally qualified and practised as a solicitor. He practices from Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London. He works in the area of personal injury litigation and in the law relating to civil procedure, limitation and costs. He has a particular interest in issues relating to damages, evidence, costs and procedure.  

Gordon is a former executive committee member of APIL and has lectured widely for APIL and CPIL on personal injury and procedure topics. Gordon is the author of  Personal Injury Practice Notes (Cavendish); The APIL Guide to Fatal Accidents (now in its 4th edition); the 14th edition of Munkman and Exall on Damages for Personal Injury Death and Periodical Payments the New Law. He also wrote the section on limitation for the APIL loose-leaf and contributes two chapters to Munkman on Employer’s Liability... view full biography

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Live webinar
9 December 2026
12:00 to 13:00
On-demand recording
Available from 9 December 2026
On-demand recording
Recording access for 6 months post-event
Delegate rate
From £90 + VAT
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Live or on-demand

Join live to take part in polls, ask questions, and get the full interactive experience.

Unable to attend live? No problem - everyone who registers will receive access to the on-demand recording, available to watch anytime for up to six months.