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England and Wales High Court (Family Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> Negahbani v Sarwar  EWHC 712 (Fam) (26 March 2020)
Cite as:  EWHC 712 (Fam)
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Strand, London, WC2A 2LL
B e f o r e :
Mr Stephen Lyon and Mr Harry Langford (instructed by Withers) for the Respondent
Hearing dates: 13 March 2020
Crown Copyright ©
Mrs Justice Lieven DBE :
(1) Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.
Relief from sanctions
(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.