PART 3THE COURT'S CASE MANAGEMENT POWERS

Relief from sanctions3.9

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.