Lightening the Overload of CPR Rule 3.9

Abstract

This article suggests using cognitive psychology research in order to analyse the decision-making processes of judges in relation to r.3.9. By investigating the implications of findings derived from empirical behavioural studies, a better understanding of the implementation of r.3.9 could be achieved, and as a result a better rule structure could be proposed in order to answer the concern that relief against sanctions is being granted too readily.