header-logo header-logo

03 February 2023 / Dr Mike Wilkinson
Issue: 8011 / Categories: Features , Procedure & practice , Disclosure , Sanctions
printer mail-detail

Strike-out: play by the rules, or don’t play at all

108806
Dr Mike Wilkinson warns of the seriousness of suppressing documents and other evidence

In brief

  • Failing to give proper disclosure can land litigants in real trouble, from adverse inferences to a prison sentence for contempt.
  • Parties can apply for a range of sanctions, including strike-out and debarring orders.
  • Unless orders place responsibility for triggering a sanction in the hands of the defaulting litigant.
  • Failing to give relevant disclosure is serious, as demonstrated in Gooderson v Qureshi [2022] EWHC 2977 (KB) where a litigant in person was debarred from even participating at trial.
  • Strike-out and debarring sanctions are also available for lesser breaches, such as failing to pay interim costs.

If self-interest is really what drives people, expecting litigants to give up things which might hurt their cause seems counterintuitive. Some might argue therefore that it is irrational to build a system of civil justice upon the expectation that parties will volunteer documents which not only help them, but

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll