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.