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Relief from Sanctions Checker

Led by Diellza Nika Hyseni and Mentor Nika · Updated 22 October 2026

Missed a deadline? Work out which test applies, then go through the three Denton stages, implied sanctions, extensions of time by agreement, and setting aside a default judgment under CPR 13.2 and 13.3, each with the rule and the case at its paragraph. A checklist, not a verdict. From DMD Costs, law costs draftsmen in Westhoughton, Bolton.

  • Free, with no sign-up
  • Every step sourced
  • Links to the N244 presets
  • Nothing leaves your browser

Say what happened. The checker works out which test applies, then sets out each question the court asks, with the rule, the case and your answers. It never predicts the outcome. Nothing leaves your browser.

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The checker applies CPR Parts 2, 3, 7, 12, 13, 15, 22, 23, 28, 29, 31, 32, 35, 44, 47 and 52, Practice Directions 3A, 47, 52B and 52C, and the Court of Appeal decisions named, as they stood on 22 October 2026. It sets out the tests and the questions; the court decides whether to grant relief, extend time or set aside. It is a guide, not legal advice, and it never predicts the outcome.

Key points

  • DMD Costs’ relief from sanctions checker is a free online tool that works out which test applies to a missed deadline, then sets out the questions the court asks, each with the rule or the case at its paragraph and your own answers.
  • It is completely free, with no sign-up, and runs in your browser; nothing you enter is sent to DMD Costs. It never predicts the outcome or scores your answers.
  • A sanction in a rule, practice direction or order has effect unless the party in default applies for and obtains relief (CPR 3.8(1)); the application must be supported by evidence (CPR 3.9(2)). Where the sanction is an order to pay costs, the only route is an appeal (CPR 3.8(2)).
  • The court addresses an application for relief in three stages: the seriousness and significance of the failure, why it occurred, and all the circumstances, giving particular weight to the two factors in CPR 3.9(1) (Denton v TH White [2014] EWCA Civ 906 at [24] and [32]).
  • An application to extend time filed before the time expires is not an application for relief from sanctions, even if the court deals with it afterwards (Hallam Estates v Baker [2014] EWCA Civ 661 at [26]).
  • Late appellant’s and respondent’s notices are treated as implied sanctions and approached in the same way as relief (Hysaj [2014] EWCA Civ 1633 at [36]; Altomart [2014] EWCA Civ 1408 at [16]). The extension is applied for in the appeal notice itself, at the appeal court, not on an N244, and the parties cannot agree to extend appeal time limits (PD 52B para 3.2; PD 52C paras 4 and 12; CPR 52.15).
  • The court must set aside a default judgment that was wrongly entered (CPR 13.2); otherwise it may set aside if there is a real prospect of a successful defence or some other good reason, having regard to promptness (CPR 13.3), and the Denton tests then apply in full (FXF v English Karate Federation [2023] EWCA Civ 891 at [72]).
  • Where a rule or order states the consequence of missing a deadline, the parties can extend it by prior written agreement for up to 28 days if no hearing date is put at risk (CPR 3.8(4)); a defence can be extended by agreement by up to 28 days (CPR 15.5).

How to use the relief from sanctions checker

  1. Say what you need. Relief from a sanction, setting aside a judgment or a default costs certificate, or more time for a step.
  2. Describe the failure. What was missed, the deadline, when the step was done and when the application is made. The checker says whether it is a sanction at all, an implied one, or a rule with its own test.
  3. Answer the stage questions. For relief: the effect of the failure, the reason, other breaches, the other side’s stance and the evidence. For a default judgment: the CPR 13.2 conditions, the merits, the dates and the reason for the default.
  4. Read the checklist. The test that applies, each question with what the rule or case says and your answers, the checks, the fee and what to file.
  5. Copy the summary and start the N244. Copy the summary into your file note, then open the N244 builder with the matching preset to fill in the official form.

The rule: CPR 3.8 and 3.9

“Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.” (CPR 3.8(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 of the case, so as to enable it to deal justly with the application, including the need – (a) for litigation to be conducted efficiently and at proportionate cost; and (b) to enforce compliance with rules, practice directions and orders.” (CPR 3.9(1)). “An application for relief must be supported by evidence.” (CPR 3.9(2)). Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the costs order (CPR 3.8(2)).

The three Denton stages

“A judge should address an application for relief from sanctions in three stages. The first stage is to identify and assess the seriousness and significance of the “failure to comply with any rule, practice direction or court order” which engages rule 3.9(1). If the breach is neither serious nor significant, the court is unlikely to need to spend much time on the second and third stages. The second stage is to consider why the default occurred. The third stage is to evaluate “all the circumstances of the case, so as to enable [the court] to deal justly with the application including [factors (a) and (b)]”.” (Denton v TH White Ltd [2014] EWCA Civ 906 at [24].)

Stage 1: seriousness and significance

The court looks at the very failure for which relief is sought; earlier failures belong to the third stage (at [25] and [27]). The question is whether the breach is serious or significant, not whether it is trivial. A breach that neither imperils future hearing dates nor otherwise disrupts the conduct of this or other litigation will often not be, but some breaches are serious without affecting the litigation, such as a failure to pay court fees (at [26]). If the breach is neither serious nor significant, relief will usually be granted (at [28]).

Stage 2: why the default occurred

There is no encyclopaedia of good and bad reasons (at [30]). Mitchell gave examples: a debilitating illness or accident of the party or solicitor may be a good reason, and later developments that show the time allowed was unreasonable are likely to be; mere overlooking a deadline, whether on account of overwork or otherwise, is unlikely to be (Mitchell v News Group [2013] EWCA Civ 1537 at [41]). Being a litigant in person is not in itself a good reason, nor is a shortage of funds (Hysaj at [43] and [44]).

Stage 3: all the circumstances

A serious breach without a good reason does not mean the application automatically fails (at [31]). The two factors in CPR 3.9(1) are of particular importance and given particular weight (at [32] to [35], the majority; Jackson LJ, at [85], would not have given them greater weight). Promptness and other past or current breaches are relevant circumstances (at [36]). Parties should agree relief where the failure is neither serious nor significant, there is a good reason, or relief is otherwise obviously appropriate, and should be ready to agree reasonable extensions of up to 28 days; unreasonable opposition can attract heavy costs sanctions (at [41] and [43]).

Is it a sanction at all?

The Court of Appeal has described three categories: where the rule or order expressly states the sanction; where it does not, but the court’s permission is needed to proceed, such as a late notice of appeal; and where a further step is taken in consequence, such as a default judgment (FXF v English Karate Federation [2023] EWCA Civ 891 at [59]), without deciding how far the second category extends (at [60]); it is settled for late appellant’s and respondent’s notices (Hysaj at [36]; Altomart at [16]), where the extension is applied for in the appeal notice itself (PD 52B para 3.2; PD 52C paras 4 and 12). Where a rule states no consequence and nothing stops the step being taken late, an extension is decided under CPR 3.1(2)(a), not CPR 3.9 (Altomart at [10]). And an application to extend time filed before the deadline is not an application for relief at all (Hallam Estates at [26]).

The failureCategoryThe rule or case
An unless order (it says what happens if you do not comply)Express sanctionCPR 3.8; Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408; Denton v TH White Ltd [2014] EWCA Civ 906
A witness statement served late (CPR 32.10)Express sanctionCPR 32.10; Denton v TH White Ltd [2014] EWCA Civ 906
A costs budget not filed in time (CPR 3.14)Express sanctionCPR 3.14; Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537; Denton v TH White Ltd [2014] EWCA Civ 906
An expert’s report not disclosed in time (CPR 35.13)Express sanctionCPR 35.13
A document not disclosed (CPR 31.21)Express sanctionCPR 31.21
Points of dispute served late (CPR 47.9(3))Express sanctionCPR 47.9 and 47.12; CPR 3.8
An appellant’s notice filed lateImplied sanctionR (Hysaj) v Secretary of State for the Home Department [2014] EWCA Civ 1633; FXF v English Karate Federation Ltd [2023] EWCA Civ 891; CPR 52.12 and 52.15; PD 52B para 3.2; PD 52C paras 4 and 12
A respondent’s notice filed lateImplied sanctionAltomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408; PD 52C paras 4 and 12; CPR 52.12 and 52.15
Particulars of claim served lateImplied sanctionMitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537; Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408; Hallam Estates Ltd v Baker [2014] EWCA Civ 661
Judgment entered under CPR 3.5 after an unless order was not complied withCPR 3.6, then CPR 3.9CPR 3.5 and 3.6; CPR 3.9
The sanction is an order to pay costs (for example, costs thrown away)Appeal onlyCPR 3.8
The claim form was not served in time (CPR 7.5)Its own testCPR 7.6

Extensions of time: agree first

Unless a rule, practice direction or order says otherwise, the parties can vary a time limit by written agreement (CPR 2.11). Where the rule or order also states the consequence of missing the deadline: “In the circumstances referred to in paragraph (3) and unless the court orders otherwise, the time for doing the act in question may be extended by prior written agreement of the parties for up to a maximum of 28 days, provided always that any such extension does not put at risk any hearing date.” (CPR 3.8(4)). “The defendant and the claimant may agree to extend the period for filing a defence specified in rule 15.4 by up to 28 days.” The defendant must notify the court in writing (CPR 15.5). The time for points of dispute may be extended by agreement or by the court (PD 47 para 8.1). A party must apply to the court to move a date fixed for a case management conference, pre-trial review, the pre-trial check list, the trial or the trial period (CPR 28.3 and 29.5). Otherwise the court may extend time, even after it has expired (CPR 3.1(2)(a)); claim forms have their own stricter test once the time has passed (CPR 7.6(3)). Use the free CPR deadline calculator to count the days.

Setting aside a default judgment (CPR 13)

The court must set aside a default judgment that was wrongly entered: where a condition in CPR 12.3 was not met (for example, the time for filing had not expired, an acknowledgment of service or defence had been filed, or the defendant’s application to strike out or for summary judgment was undecided) or the whole claim was paid before judgment (CPR 13.2). “In any other case, the court may set aside or vary a judgment entered under Part 12 if – (a) the defendant has a real prospect of successfully defending the claim; or (b) it appears to the court that there is some other good reason why – (i) the judgment should be set aside or varied; or (ii) the defendant should be allowed to defend the claim.” (CPR 13.3(1)). “In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.” (CPR 13.3(2)). “An application under rule 13.3 (cases where the court may set aside or vary judgment) must be supported by evidence.” (CPR 13.4(3)).

A real prospect is realistic rather than fanciful and better than merely arguable, with the burden on the defendant (ED&F Man v Patel [2003] EWCA Civ 472 at [8] and [9]). Promptness runs from when the defendant knew, or could with reasonable diligence have known enough, of the judgment to apply (Gentry v Miller [2016] EWCA Civ 141 at [33]). After the merits and promptness, the Denton tests apply in full, to the default that led to the judgment (FXF at [67] and [72]). The court fee on notice is £321 (fee 2.4(a)), the figure GOV.UK gives for setting aside a county court judgment. Start the N244 with the set aside default judgment preset.

Setting aside a default costs certificate (CPR 47.12)

“The court will set aside a default costs certificate if the receiving party was not entitled to it.” (CPR 47.12(1)). For example, the court may not issue a default costs certificate once points of dispute have been served (CPR 47.9(5)). “In any other case, the court may set aside or vary a default costs certificate if it appears to the court that there is some good reason why the detailed assessment proceedings should continue.” (CPR 47.12(2)). The application must be supported by evidence, the court must have regard to whether it was made promptly, and as a general rule the applicant files a copy of the bill, the certificate and draft points of dispute (PD 47 para 11.2). The fee is £152 (fee 5.5). Start the N244 with the set aside a default costs certificate preset.

Sources

Frequently asked questions

Three stages, from Denton v TH White Ltd [2014] EWCA Civ 906 at [24]: first, identify and assess the seriousness and significance of the failure; second, consider why it occurred; third, evaluate all the circumstances of the case so as to deal justly with the application, including the need for litigation to be conducted efficiently and at proportionate cost and to enforce compliance with rules, practice directions and orders (CPR 3.9(1)). If the breach is neither serious nor significant, relief will usually be granted (at [28]).
Yes: “An application for relief must be supported by evidence.” (CPR 3.9(2)). A witness statement should cover the failure and its effect, the reason, what has been done since and how promptly the application followed, and any other circumstances. Facts set out in section 10 of Form N244 count as evidence only if the notice is verified by a statement of truth (CPR 22.1(3)).
No. An application to extend the time for a step is not an application for relief from sanctions if the application notice is filed before the time expires, even if the court deals with it afterwards (Hallam Estates Ltd v Baker [2014] EWCA Civ 661 at [26], a case on the time for points of dispute in detailed assessment). The court decides it under CPR 3.1(2)(a). Applications made in time are looked on more favourably (Mitchell [2013] EWCA Civ 1537 at [41]).
Usually. Unless a rule, practice direction or order says otherwise, time limits can be varied by written agreement (CPR 2.11). Where the rule or order also states the consequence of missing the deadline, the parties can agree in writing beforehand to extend it by up to 28 days, provided no hearing date is put at risk (CPR 3.8(3) and (4)). A defence can be extended by agreement by up to 28 days, and the defendant must notify the court in writing (CPR 15.5). Dates fixed for a case management conference, pre-trial review, the pre-trial check list, the trial or the trial period cannot be moved by agreement (CPR 28.3 and 29.5).
Where no rule states a sanction but, without the court’s permission, a party cannot take a late step. The Court of Appeal has applied the relief approach, with the same rigour, to late appellant’s notices (R (Hysaj) v SSHD [2014] EWCA Civ 1633 at [36]) and respondent’s notices (Altomart v Salford Estates (No 2) [2014] EWCA Civ 1408 at [16]). In FXF [2023] EWCA Civ 891 at [59] it described three categories: express sanctions, implied sanctions where permission is needed to proceed, and a further step taken in consequence, such as a default judgment; it did not decide how far the implied category extends ([60]). For a late appeal notice, the extension is applied for in the notice itself (PD 52B para 3.2).
Yes. The Court of Appeal stated that the Denton tests apply in their full rigour to applications to set aside default judgments (FXF v English Karate Federation Ltd [2023] EWCA Civ 891 at [72]). The court first considers the express requirements of CPR 13.3, the merits and promptness, then the Denton stages, applied to the default that led to the judgment (at [67]; Gentry v Miller [2016] EWCA Civ 141 at [24]). CPR 13.2 is different: a judgment wrongly entered must be set aside.
A defence with a realistic, not fanciful, prospect of success, which is better than merely arguable. It is the same test as for summary judgment, except that on setting aside the burden is on the defendant (ED&F Man Liquid Products Ltd v Patel [2003] EWCA Civ 472 at [8] and [9]). A draft defence exhibited to the witness statement is the usual way to show it.
The court must have regard to whether it was made promptly (CPR 13.3(2)). Time runs from when the defendant received the judgment, or could with reasonable diligence have had enough knowledge of it to apply (Gentry v Miller [2016] EWCA Civ 141 at [33]). In Gentry a delay of more than two months from that point was not prompt on the facts ([35]). Promptness is weighed again among all the circumstances under Denton (at [24]).
Not by an application for relief. “Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.” (CPR 3.8(2)).
It is a general application: £321 on notice (fee 2.4(a)) or £126 by consent or without notice (fee 2.5(a)). Setting aside a county court judgment on notice is also £321, the figure GOV.UK gives. Setting aside a default costs certificate is £152 (fee 5.5). A late appeal notice is different: the extension is applied for in the appeal notice, which carries the appeal notice fee (fees 2.2, 2.3 or 13.1(a)), not the N244 fee.
No. Relief, extensions of time and setting aside are for the court, on all the circumstances. The checker sorts out which test applies and sets out each question with the rule or case and your answers, so the application and evidence address them. It never scores the answers, and nothing you type leaves your browser.

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