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Penalties for non-compliance of Civil Court rules

Written by Rehana Ali on 07 November 2012

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Potential sanctions for non-compliance of a Practice Direction or Pre-Action Protocol

When and if a court decides to punish a party for non-compliance of a Practice Direction (PD) or Pre-Action Protocol (PAP), the court will consider the full effect the non-compliance has had on the other party in determining whether to impose a sanction. Examples of penalties for not complying include:

  • If the party that didnt comply was the claimant, who then later is entitled to a sum of money from defendant, the court may decide to award the sum of money without interest or at a lesser rate of interest than that the claimant would have been entitled to had he complied.
  • If the party that didn't comply was the defendant, who owes a sum of money to the claimant, an order that the defendant pay a higher rate of interest than that would have originally been awarded to the claimant had the defendant complied. 
  • Suspension of a case until steps that are required to be taken, have been taken.
  • An order that a party at fault pays all or part of the costs of the other side. 

It is therefore within the best interests of any party involved in litigation to adhere to a relevant PD or PAP in order to get the best result possible when involved a civil dispute.

If you'd like to know more about this article please send an email to Martin O'Brien quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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