ABSTRACT
In cases of less serious breaches of the rules or of court orders, the court can, as an aspect of its case management powers and in order to ensure compliance with its directions, impose sanctions other than striking out.34 For instance, it may require a party to give security for costs or to make a payment into court; it may stay an action; it may debar a party in default from adducing evidence in a particular form or from particular witnesses; it may limit or deprive a party, if successful, of interest on a money claim, or impose costs sanctions. Furthermore, there are several provisions in the CPR which impose automatic sanctions in the event of certain breaches; for instance, by virtue of r 32.16 (OECS), a party who fails to comply with a direction to disclose an expert witness’s report may not use the report at the trial or call the witness, unless the court gives permission.
