PART 4GENERAL CASE MANAGEMENT POWERS
Relief from sanctions4
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 the party's legal representative;
g
whether the hearing date or the likely hearing 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 or a child whose interest the court considers relevant.
2
An application for relief must be supported by evidence.