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

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 also