If there has been non-compliance with a pre-action protocol or Practice Direction, the court may order that...

• A. the parties are relieved of the obligation to comply or further comply
• B. the proceedings are stayed while particular steps are taken to comply
• C. Sanctions are to be applied
• D. All of the above

Answer: (D)

When a party fails to comply with a pre-action protocol or a Practice Direction, the court has broad case-management powers to address that non-compliance in ways that promote fairness and efficiency. It can relieve or dispense from the obligation to comply (or to continue complying) where enforcing it would be unjust or impractical. It can stay the proceedings to buy time to take the necessary steps and to avoid prejudice while compliance is achieved. It can also impose sanctions to deter non-compliance and to reflect the impact on the other party, such as costs penalties or other appropriate measures. Because the court has these flexible tools to enforce compliance and protect the proper process, all of these remedies could be available depending on the circumstances.