Sanctimonious Sanctions: Your Litigation Friend

If you think rules are for swots, thing again. Litigation rules, known as the Civil Procedure Rules (CPR) are the equivalent of an Exocet missile when it comes to litigating against an opponent.

So,

– If he fails to enter a defence, enter judgment

– If he fails to exchange statements, secure an order debarring him from relying on oral evidence and apply for judgment

– If he fails to particularise his case, get the Defence struck out

– If he fails to file a skeleton argument in time for trial- stop him there.

For proactive litigators this has always been the case. Less proactive litigators have had to learn harsh lessons from the Court of Appeal case of Mitchell V News Group Newspapers Limited, which says

1. If you breach a rule the court will apply a sanction

2. If you apply for relief from the sanction you are likely to fail

Obeying litigation rules is not about sanctimony. It is about successful strategy.

Find out more about our approach to litigation or contact a member of the team for more information.