Sanctions Have Effect Unless Defaulting Party Obtains Relief

Sanctions Have Effect Unless Defaulting Party Obtains Relief 3.8 (1) Where a party has failed to comply with a rule, practice direction or court

order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction. (Rule 3.9 sets out the circumstances which the court may consider on an application to grant relief from a sanction)

(2) Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.