Relief from sanctionsE+W
3.9—(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 including—
(a)the interests of the administration of justice;
(b)whether the application for relief has been made promptly;
(c)whether the failure to comply was intentional;
(d)whether there is a good explanation for the failure;
(e)the extent to which the party in default has complied with other rules, practice directions, court orders and any relevant pre-action protocol(GL);
(f)whether the failure to comply was caused by the party or his legal representative;
(g)whether the trial date or the likely trial date can still be met if relief is granted;
(h)the effect which the failure to comply had on each party; and
(i)the effect which the granting of relief would have on each party.
(2) An application for relief must be supported by evidence.