Relief and procedural signposting - CPR/CrimPR references an...

Learning Outcomes

This article covers procedural signposting and relief from sanctions under the CPR and CrimPR for SQE2 applications and advocacy, including:

• Correctly citing and referencing CPR/CrimPR provisions and articulating the applicable legal tests in writing and orally
• Structuring applications under CPR Part 23 (N244, supporting evidence, draft order, skeleton argument)
• Applying the Denton three‑stage test under CPR 3.9 and understanding the court’s discretion
• Distinguishing agreed extensions (CPR 3.8; CPR 2.11) from court‑ordered extensions (CPR 3.1(2)(a)) and knowing when relief is still required
• Using CPR 3.10 to rectify procedural errors without bypassing specific regimes (for example, service under CPR 7.6)
• Recognising common sanctions and consequences (for example, CPR 3.14 budgets, unless orders, late evidence)
• Managing timetables proactively and proposing practical revisions that preserve listings and minimise prejudice
• Pursuing default judgment and set‑aside correctly (CPR 13.3) and appreciating limits on service extensions (CPR 7.6)
• Deploying CrimPR Part 3 case management powers (r 3.5, r 3.6, r 3.8) to vary or revoke directions and timetables
• Integrating the overriding objective (CPR 1.1; CrimPR 1.1) and the parties’ duty to assist the court (CPR 1.3; CrimPR 1.2)
• Delivering focused advocacy: state the order sought, rule invoked, applicable test, proposed timetable, and costs proposals
• Identifying when an extension alone suffices and when a relief application is necessary

SQE2 Syllabus

For SQE2, you are required to understand and apply procedural signposting and relief in both civil and criminal proceedings, with a focus on the following syllabus points:

• correctly citing and referencing the Civil Procedure Rules (CPR) and Criminal Procedure Rules (CrimPR) when making or responding to applications for relief
• understanding the court's approach to relief from sanctions or extensions of time
• structuring and timetabling procedural applications in accordance with rule requirements
• signposting procedural routes in advocacy and written submissions
• understanding and applying the overriding objective (CPR 1.1; CrimPR 1.1) and the parties’ duty to help the court (CPR 1.3; CrimPR 1.2)
• understanding and applying court powers to extend time and manage cases (CPR 3.1(2)(a), CPR 2.11, CPR 3.8, CPR 3.9, CPR 3.10; CrimPR Part 3 including r 3.5, r 3.6 and r 3.8 on directions and variation)
• understanding application mechanics and advocacy (CPR Part 23 and PD 23A; evidence under CPR Part 32; draft orders; skeleton arguments)
• understanding common sanctions and related relief (e.g. CPR 3.14 on costs budgets; unless orders; default judgment/set aside under CPR 13.3)
• managing the timetable, including case management conferences, pre‑trial reviews, PTPH in crime, and proactive diary management to avoid breach

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What must a party demonstrate when applying for relief from sanctions after missing a deadline under the CPR?
2. Which rule in the CrimPR governs extensions or variations to the timetable for criminal case progression?
3. How should you formally reference a specific procedural rule during oral advocacy in court?
4. If a civil litigant fails to comply with a court order by the set date, what application should they make, and under which part of the CPR?

Introduction

Procedural signposting and the correct use of references to procedural rules are central to effective civil and criminal advocacy. You must know how and when to reference the Civil Procedure Rules (CPR) or the Criminal Procedure Rules (CrimPR), both in written documents and oral submissions. This article outlines the key principles for signposting, seeking relief, and handling timetable issues in proceedings for SQE2.

The court expects parties to advance cases consistently with the overriding objective—to deal with cases justly and at proportionate cost. That informs when relief may be granted, how timetables are set and varied, and how applications should be framed.

Key Term: Signposting
Giving clear advance notice of rule, process, or direction relied upon, such as, "I refer the court to CPR 3.9 concerning relief from sanctions."

Key Term: Relief from Sanctions
Court's power to excuse or remedy a party's failure to comply with rules, court orders, or deadlines, thereby avoiding automatic or imposed sanctions.

Key Term: Timetable (Procedural)
The schedule of steps and deadlines for case management set by the court or procedural rules; breach may require application for relief.

Key Term: Overriding Objective
The guiding principle in CPR 1.1 and CrimPR 1.1: cases must be dealt with justly and efficiently; parties (CPR 1.3; CrimPR 1.2) must help the court to further that objective.

Key Term: CPR 23
The general application procedure. Most interim applications are made by N244, supported by evidence (typically a witness statement) and, where appropriate, a draft order and skeleton argument.

The Role of Procedural Signposting

Signposting in advocacy means clearly indicating the rule, step, or remedy you are applying, and citing the relevant rule number and provision. This helps the court and your opponent understand the application and procedural context. It also demonstrates to the court your professional competence. In oral applications, open with who you are, who you represent, what order you seek, and the exact rule conferring jurisdiction and the applicable test. In writing, place the rule and test early in your application notice, skeleton argument, or written submissions, then apply the test to the facts.

The Importance of Referencing Procedural Rules

Accurate referencing of CPR or CrimPR is essential in most applications or responses, whether for extensions, relief, or clarification of directions. Proper signposting should be coupled with a realistic, workable proposal for restoring the timetable and minimising prejudice—this is often decisive.

Recognising When Relief is Needed

A missed deadline, failure to comply with a court order, or breach of directions usually triggers an "unless order" or immediate sanction. Timely application for relief is essential. A sanction may be automatic (for example, the budget‑related sanction under CPR 3.14) or imposed following an application. Where a sanction has effect, an extension alone will not suffice—you must seek relief from sanctions in addition to, or instead of, an extension of time.

Key Term: Unless Order
A court order stating that a party must do something by a specified date or face automatic sanction.

Relief Applications: CPR and CrimPR

The rules provide procedures for parties who have breached or are unable to comply with the timetable. Familiarity with the appropriate parts is a must.

Relief from Sanctions in Civil Proceedings

If a party fails to comply with a rule, court order, or deadline, they must apply for relief from any sanction under CPR 3.9. That application is normally made under CPR Part 23, supported by evidence explaining the default, its impact, and the plan to remedy it without disrupting the overall timetable.

Key Term: CPR 3.9
Civil rule setting out when and how relief from sanctions may be granted; the court applies the Denton three‑stage test and considers all the circumstances.

Key Term: Denton three‑stage test
The court assesses: (1) the seriousness/significance of the breach; (2) the reason(s) for the default; and (3) all the circumstances, including efficient conduct of litigation and the need to enforce compliance with rules and orders.

Key Criteria for Relief

The court considers:

• seriousness and significance of breach
• reason for the default
• all circumstances, including the need for litigation efficiency and compliance

Parties must act promptly and provide a full and frank explanation. Late, unexplained breaches—especially those that imperil a hearing date or increase costs—are less likely to attract relief. Even where a breach is not serious, promptness and cooperation will influence costs.

Key Term: CPR 3.1(2)(a)
The court’s general case management power to extend time, even after the time has expired; where a sanction has taken effect, relief will still be required under CPR 3.9.

Key Term: CPR 3.8
Controls agreement to vary time limits: where a rule, PD or order specifies a sanction, the parties may, by written agreement, extend time for compliance up to 28 days if no hearing date is put at risk; beyond that, court approval is required.

Key Term: CPR 3.10
The court’s general power to rectify procedural errors and irregularities, where no specific sanction is prescribed, provided no injustice is caused. It cannot be used to circumvent regimes with their own tests (for example, service of the claim form under CPR 7.6).

Common sanctions include:

• budget sanctions (CPR 3.14): late budgets can restrict recoverable costs to court fees unless the court otherwise orders (relief required)
• striking out for breach of an unless order (relief required to reinstate statement of case)
• evidence sanctions (for example, refusing late witness statements without relief)

Applications should include a short chronology, a candid explanation from the fee‑earner or party, evidence of prompt action, a practical proposal to re‑set dates (minimising impact on any fixed hearing), and costs proposals (often paying the costs of the application).

Key Term: CPR 23
The application route: identify the order sought, the rule relied on and the test; file and serve an N244, supporting evidence, and a draft order; comply with PD 23A (including time estimates and whether agreed).

Alternatives and Adjacent Routes

• Where time has not yet expired and no sanction is engaged, seek an agreed extension (CPR 3.8 or CPR 2.11) or a short extension from the court under CPR 3.1(2)(a).
• Default judgment or set‑aside: if judgment has been entered for failure to acknowledge service or file a defence, apply under CPR 13.3 (the Denton approach informs the court’s discretion: promptness, good reason, merits).
• Service of claim form: CPR 7.6 has its own test for extensions; if time has expired, the court must be satisfied there is good reason—relief under CPR 3.9 is not available and CPR 3.10 cannot cure failure to effect service.

Extensions and Relief in Criminal Proceedings

CrimPR contains parallel but distinct provisions. CrimPR Part 3 governs case management and the setting, compliance with, and modification of the timetable. The court’s case management powers include giving, varying and revoking directions. The court may, on application or of its own initiative, vary deadlines in the interests of justice, taking account of efficient trial management and the overriding objective.

Key Term: CrimPR Part 3
Case management. The court gives, varies and enforces directions to progress cases justly and efficiently (see, in particular, r 3.5 case management powers; r 3.6 on the timetable for case progression; and r 3.8 on varying or revoking directions).

Key Term: CrimPR 3.6
Provision concerning the case progression timetable; read with r 3.5 and r 3.8, the court can vary or extend deadlines where necessary in the interests of justice.

Relief must generally be sought before the expiry of the relevant period, but the court can consider late applications where justice requires. The court will expect reasons explaining why compliance was not possible, what steps were taken to avert default, and how any variation affects listing and other parties. In the Crown Court (for example, at a Plea and Trial Preparation Hearing or further case management hearing), a proactive, realistic amended timetable and disclosure/argument plan are essential. The court may make wasted costs orders under CrimPR Part 45 if defaults cause unnecessary hearings or expense.

Procedural Signposting in Practice

Whenever you make an application, orally or in writing, clearly state the rule relied upon and the procedural step sought. For example:

• "The Claimant applies under CPR 3.1(2)(a) for an extension of time to serve evidence."
• "The Defendant seeks relief from sanctions pursuant to CPR 3.9."
• "I make this application pursuant to CrimPR Part 3 to vary the case management timetable under r 3.8."

This clarity aids the judge and opponent in understanding jurisdiction and discretion.

For civil interim applications, an effective structure is:

• Introduce parties, the application, the order sought, and the precise rule invoked.
• Confirm the judge has the core documents; offer a short background if requested.
• Identify the issues for decision and summarise the relevant facts by reference to the evidence (no need to read verbatim).
• Identify the test under the rule (for example, Denton) and apply it succinctly.
• Propose a practical revised timetable and costs order.
• Conclude: “Unless I can assist further, those are my submissions.”

In all applications, be ready to assist the court with an alternative order if the primary relief is refused.

Managing the Timetable

The court expects strict compliance with the timetable. Any risk of non-compliance should be anticipated, with early applications for extensions or relief.

• Plan and diarise critical dates from the outset; use action plans that identify each step, who is responsible, target dates, and resource needs.
• Seek agreed extensions in writing wherever permitted (CPR 3.8, CPR 2.11) before time expires, ensuring any hearing date is protected.
• If a direction carries a sanction for non‑compliance, ensure any agreed extension stays within the 28‑day limit and does not imperil a hearing; otherwise, apply to the court.
• Be proactive in proposing revised timetables that preserve listing and contain prejudice; offer to meet opponent’s wasted costs caused by your default.

Key Term: Unless Order
A court order stating that a party must do something by a specified date or face automatic sanction.

Failure to act promptly or to explain non-compliance persuasively can result in severe consequences, including striking out or judgment against the defaulting party. Professional and ethical duties also require you to draw attention to relevant procedural irregularities likely to affect the outcome and to avoid wasting the court’s time.

Worked Example 1.1

A party in a civil claim fails to file a witness statement by the deadline set in a directions order. What should they do?

Answer:
They must make an urgent application for relief from sanctions under CPR 3.9 (via CPR 23), explaining the default, addressing seriousness/significance, reasons, and all the circumstances per Denton. They should also seek an extension under CPR 3.1(2)(a), propose a short revised timetable that preserves the trial date, and offer to pay the opponent’s costs of the default/application.

Worked Example 1.2

In a Crown Court matter, the defence fails to serve a skeleton argument by the listed date under a direction. What is the procedural step?

Answer:
Defence should apply under CrimPR Part 3 (citing r 3.8 to vary/revoke the direction and r 3.6 concerning the timetable), seeking a short variation with reasons for non‑compliance, confirmation of steps already taken, and a realistic amended deadline that does not disrupt listing.

Worked Example 1.3

Your opponent’s budget is filed two days late. Do you oppose relief?

Answer:
Identify that CPR 3.14 imposes a serious sanction (budget limited to court fees) unless the court otherwise orders. Apply Denton: if the delay is minor and promptly rectified with a good explanation and no impact on the timetable, the court may grant relief but is likely to penalise the defaulting party in costs. If relief is opposed, propose targeted case‑management consequences and your costs of the issue.

Worked Example 1.4

Time to comply with an order to give standard disclosure expires tomorrow. Both sides agree an extra 21 days, and no hearing is at risk. Is a court order needed?

Answer:
No. Under CPR 3.8, where a sanction would otherwise apply, parties may by written agreement extend time by up to 28 days provided no hearing date is put at risk. Record the agreement in writing and inform the court where appropriate (for example, by consent letter).

Worked Example 1.5

The four‑month period for service of the claim form (CPR 7.5) has expired. You have not served. What is the correct approach?

Answer:
Apply under CPR 7.6; after expiry the court will only grant an extension if there is “good reason.” CPR 3.9 relief and CPR 3.10 cannot cure failure to serve the claim form within the validity period. Act immediately, explain fully, and be prepared for limitation consequences if an extension is refused.

Worked Example 1.6

At a PTPH, the court fixes a timetable. The prosecution later seeks an adjournment due to late expert disclosure. How should the application be framed?

Answer:
Apply under CrimPR Part 3 (r 3.8 to vary directions), addressing the overriding objective, steps already taken, why the default occurred, the impact on the trial date, and proposing a focused plan for the expert issue. Offer directions to minimise disruption (for example, staged service and a short further case management hearing). Be ready to address costs if delay has caused unnecessary hearings.

Exam Warning

Applications for relief from sanctions are always discretionary. There is no guarantee of success, even for minor breaches—failure to act promptly or provide a full explanation can be fatal to the application.

Revision Tip

In both oral and written advocacy, always begin by signposting the application and the rule relied upon before making your substantive submissions.

Key Point Checklist

This article has covered the following key knowledge points:

• Signposting procedural applications requires explicit references to CPR or CrimPR provisions and the test the court applies.
• Relief from sanctions in civil cases is governed by CPR 3.9—apply the Denton three‑stage test; act promptly; explain candidly; propose a workable revised timetable; expect adverse costs if you are at fault.
• The court can extend time under CPR 3.1(2)(a) and the parties can agree short extensions under CPR 3.8; know when relief is still required.
• Use CPR 3.10 to rectify procedural errors where appropriate, but not to bypass specific regimes (for example, service of a claim form under CPR 7.6).
• Criminal timetable variations are sought under CrimPR Part 3 (see r 3.5, r 3.6 and r 3.8); always explain delay and address listing and fairness.
• Structure applications under CPR 23: N244, evidence, draft order, skeleton, time estimate, and costs proposals; in court, introduce the rule and apply the test to the facts.
• Manage timetables proactively: diarise key dates, seek agreed extensions in time, address potential non‑compliance early, and protect hearing dates.
• Know common sanctions (for example, CPR 3.14 on budgets, unless orders) and the correct routes for default judgment and set‑aside (CPR 13.3).

Key Terms and Concepts

• Signposting
• Relief from Sanctions
• Timetable (Procedural)
• Overriding Objective
• CPR 23
• CPR 3.1(2)(a)
• CPR 3.8
• CPR 3.9
• CPR 3.10
• Denton three‑stage test
• CrimPR Part 3
• CrimPR 3.6
• Unless Order