1. An application for relief from sanctions is inevitable, even with the best will in the world, it is not always possible to comply with all case management directions. Occasionally the client simply stops engaging and then resurfaces after the court deadline has long since passed. What do we do then?
Approach: communicate with the other side promptly
2. If the other party is represented it is important to contact their legal representatives at the first opportunity and seek an agreement to extend the timetable. Accompany the request with a clear timetable and a good reason for the non-compliance, it may just be agreed.
3. If you are dealing with a litigant in person on the other side, send them a letter, explain that you seek an extension, provide a clear timetable and provide clear reasons. Also ensure that you also explain that if there is no agreement then the matter will need to be restored to court, and it will lead to a further hearing. Often a reasonable person will agree to an extended timetable.
4. If you continue to face opposition – perhaps ask whether certain elements are capable of agreement if not all. Often not everything is opposed – there is always a willingness to accept a Form E and financial disclosure but a resistance to filing statements out of time.
Immediate application to the court:
5. In the event there is opposition or even a refusal to respond to the request, promptly issue an application for relief from sanctions. The application can be made on a D11 form. The form should be completed in full, provide as much detail as possible and provide as much supporting evidence as possible. For instance, if the lay client had been seriously unwell and therefore unable to provide instructions or put their solicitor in funds it will be critical to provide medical evidence, and the said medical evidence must set out specifically that the person was so unwell they could not conduct litigation. The medical evidence must be contemporaneous and not historical.
6. Issue the application as soon as possible, do not wait till the next hearing, do it now.
Applicable procedural rules – Family Procedure Rules: 4.6
7. Pay close attention to the Family Procedure Rules 4.6, the circumstances/criteria should be addressed directly in the application for relief, as follows:
(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order the court will consider all the circumstances including –
(a) the interests of the administration of justice;
(b) whether the application for relief has been made promptly;
(c) whether the failure to comply was intentional;
(d) whether there is a good explanation for the failure;
(e) the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant pre-action protocol ;
(f) whether the failure to comply was caused by the party or the party’s legal representative;
(g) whether the hearing date or the likely hearing date can still be met if relief is granted;
(h) the effect which the failure to comply had on each party; and
(i) the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.
(2) An application for relief must be supported by evidence.
8. Be prepared to attend court in the event the judge chooses to list a contested hearing.
Case law:
9. There is a recent and concise judgment of District Judge Dodsworth in AB v CD [2025] EWFC 253 (B). The addresses all the factors in FPR 4.6(1) – applying them to the case in hand. It is a masterclass on how not to prepare an application for relief from sanctions.
10. In RKV v JWC [2025] EWFC 430 (B) – Recorder Rhys Taylor applied FPR4.6(1) in a case where the Husband had been in prison – however having been released he was not able or willing to comply with the court directions, the net result was that he found himself at a final hearing with a poorly completed form E and little else. The judge applied each of the factors from FPR 4.6 to the circumstances of this case at paragraph 136. The judge describes the husband’s application for relief from sanctions as “provocatively late”.
11. Importantly the judge clarified that the case of Denton v White [2014] EWCA Civ 906 does not apply to Financial Remedies applications – however the judge said he was mindful of the principles and described them as less forgiving.
Conclusion:
The watchword in applications for relief from sanctions is prompt, action needs to be taken as soon as possible – any delay will draw the criticism of the court.
Aysha Miah
33 Bedford Row
June 2026