General sanctions.

[13skulls]

What is a General sanctions order??

[R0b]

Re: General sanctions.

A party is being sanctioned for some reason or another, usually where one party failed to comply with an order from the court or comply with CPR.

[13skulls]

Re: General sanctions.

Ah. That might be me. I think my DQ could have turned up a day late due to me being so bloody busy. So what happens now????

[R0b]

Re: General sanctions.

You would need t apply to court for relief, but the court takes a harsh stance when someone fails to comply and is at the discretion of the judge to allow you to file your DQ.

[13skulls]

Re: General sanctions.

Guess I'll be phoning them up Monday morning then. The stress of the whole thing. And the amount involved. I can't lose this case. See my previous posts for details. Thanks for the advice. So how do I apply for court relief?

[des8]

Re: General sanctions.

To apply for relief from sanctions complete application form N244 and submit with appropriate fee.

CPR on "Relief from sanctions"

3.9
(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.

You "think" your DQ may have been delivered 1 day late.
I know courts take a dim view of failure to comply with instructions, but this seems a bit quick off the mark for a LiP in small claims.
This ain't no Mitchell!
Check the reason for the sanctions so your application is appropriate.

[13skulls]

Re: General sanctions.

I've just logged into money claim and all it says is
General sanctions order was made on.. Date..

So I'm guessing I will receive a letter through the post. Otherwise how will I find out.