Learning Outcomes
After reading this article, you will be able to identify and use procedural rules relating to relief, including correctly citing and applying relevant CPR or CrimPR provisions in both written and oral advocacy. You will be able to signpost procedural issues, reference court timetables, and understand how timetable control affects applications for relief—critical for SQE2 advocacy, litigation, and client advisory tasks.
SQE2 Syllabus
For SQE2, you are required to understand and apply procedural signposting and relief in both civil and criminal proceedings. Focus your revision on:
- correct citation and referencing of the Civil Procedure Rules (CPR) and Criminal Procedure Rules (CrimPR) when making or responding to applications for relief
- the court's approach to relief from sanctions or extensions of time
- how to structure and timetable procedural applications in accordance with rule requirements
- signposting procedural routes in advocacy and written submissions
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What must a party demonstrate when applying for relief from sanctions after missing a deadline under the CPR?
- Which rule in the CrimPR governs extensions or variations to the timetable for criminal case progression?
- How should you formally reference a specific procedural rule during oral advocacy in court?
- If a civil litigant fails to comply with a court order by the set date, what application should they make, and under which part of the CPR?
Introduction
Procedural signposting and the correct use of references to procedural rules are central to effective civil and criminal advocacy. You must know how and when to reference the Civil Procedure Rules (CPR) or the Criminal Procedure Rules (CrimPR), both in written documents and oral submissions. This article outlines the key principles for signposting, seeking relief, and handling timetable issues in proceedings for SQE2.
The Role of Procedural Signposting
Signposting in advocacy means clearly indicating the rule, step, or remedy you are applying, and citing the relevant rule number and provision. This helps the court and your opponent understand the application and procedural context. It also demonstrates to the court your professional competence.
Key Term: Signposting
Giving clear advance notice of rule, process, or direction relied upon, such as, "I refer the court to CPR 3.9 concerning relief from sanctions."Key Term: Relief from Sanctions
Court's power to excuse or remedy a party's failure to comply with rules, court orders, or deadlines, thereby avoiding automatic or imposed sanctions.
The Importance of Referencing Procedural Rules
Accurate referencing of CPR or CrimPR is essential in most applications or responses, whether for extensions, relief, or clarification of directions.
Key Term: Timetable (Procedural)
The schedule of steps and deadlines for case management set by the court or procedural rules; breach may require application for relief.
Recognising When Relief is Needed
A missed deadline, failure to comply with a court order, or breach of directions usually triggers an "unless order" or immediate sanction. Timely application for relief is essential.
Relief Applications: CPR and CrimPR
The rules provide procedures for parties who have breached or are unable to comply with the timetable. Familiarity with the appropriate parts is a must.
Relief from Sanctions in Civil Proceedings
If a party fails to comply with a rule, court order, or deadline, they must apply for relief from any sanction under CPR 3.9.
Key Term: CPR 3.9
Civil rule setting out when and how relief from sanctions may be granted, and the criteria for exercise of the court's discretion.
Key Criteria for Relief
The court considers:
- seriousness and significance of breach
- reason for the default
- all circumstances, including the need for litigation efficiency and compliance
Parties must act promptly and provide a full explanation.
Extensions and Relief in Criminal Proceedings
CrimPR contains parallel but distinct provisions. CrimPR 3.5 and 3.6 govern case management and modifications of the timetable.
Key Term: CrimPR 3.6
CrimPR rule allowing the court to vary or extend deadlines for case management or progression.
Relief must be sought before the expiry of the relevant period, but the court can consider late applications if it serves justice.
Procedural Signposting in Practice
Whenever you make an application, orally or in writing, you must clearly state the rule relied upon and the procedural step sought. For example:
- "The Claimant applies under CPR 3.1(2)(a) for an extension of time to serve evidence."
- "The Defendant seeks relief from sanctions pursuant to CPR 3.9."
- "I make this application pursuant to CrimPR 3.6 to vary the case management timetable."
This clarity aids the judge and opponent in understanding jurisdiction and discretion.
Managing the Timetable
The court expects strict compliance with the timetable. Any risk of non-compliance should be anticipated, with early applications for extensions or relief.
Key Term: Unless Order
A court order stating that a party must do something by a specified date or face automatic sanction.
Failure to act promptly or to explain non-compliance persuasively can result in severe consequences, including judgment against the defaulting party.
Worked Example 1.1
A party in a civil claim fails to file a witness statement by the deadline set in a directions order. What should they do?
Answer:
They must make an urgent application for relief from sanctions under CPR 3.9, explaining the default, addressing seriousness, reason, and all circumstances.
Worked Example 1.2
In a Crown Court matter, the defence fails to serve a skeleton argument by the listed date under a direction. What is the procedural step?
Answer:
Defence should apply under CrimPR 3.6, seeking a variation of the timetable and explaining the inability to comply before the deadline.
Exam Warning
Applications for relief from sanctions are always discretionary. There is no guarantee of success, even for minor breaches—failure to act promptly or provide a full explanation can be fatal to the application.
Revision Tip
In both oral and written advocacy, always begin by signposting the application and the rule relied upon before making your substantive submissions.
Key Point Checklist
This article has covered the following key knowledge points:
- Signposting procedural applications requires explicit references to CPR or CrimPR provisions.
- Relief from sanctions in civil cases is governed by CPR 3.9—prompt and reasoned applications are expected.
- Criminal timetable variations or relief are sought under CrimPR 3.6; always explain delay.
- Always proactively manage procedural timetables—apply early if relief or extension may be needed.
- Use clear language in court to identify your application and cite the correct rule.
Key Terms and Concepts
- Signposting
- Relief from Sanctions
- Timetable (Procedural)
- CPR 3.9
- CrimPR 3.6
- Unless Order