“By the Civil Procedure (Amendment) Rules 2013 CPR r. 3.9 was substantially amended with effect from 1st April 2013. The ‘new’ rule reads as follows:
‘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 of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.'”
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Zenith Chambers, 25th October 2013