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