Default & Debarring Orders - A Guide for Litigators

Introduction

In recent years, the courts have increasingly demonstrated a willingness to sanction a party in deliberate and sustained breach of a court order. Where proportionate and just, the party in default may be debarred from participating in the proceedings.

This webinar will consider the circumstances in which the court may make a debarring order and the important policy reasons behind them.

It will provide practical advice on the key principles the court will consider and the evidence a respondent will be required to adduce in order to resist such an application.

What You Will Learn

This short webinar will cover the following:

• The important policy reasons behind debarring orders and how these shape the court’s approach
• The circumstances in which it may be appropriate to issue an application for a debarring order
• The six principles the court will consider, as set out in Michael Wilson & Partners v Sinclair
• The interplay between debarring orders and Article 6 of the European Convention on Human Rights
• The evidence that is required in order to resist an application
• The court’s approach to proportionality

This webinar was recorded on 29th June 2022

You can gain access to this webinar and 2,101 others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.