A judge has discretion to grant relief from sanctions without a formal application or any application at all, Court of Appeal reaffirms- Farrar’s Building
‘In Park v Hadi and Another [2022] EWCA Civ 581, the Court of Appeal (Holroyde, Stuart-Smith and Warby LJJ), reaffirmed the principle that a judge may, of her own discretion, grant relief from sanctions without formal notice or without any application at all. The Court went on to issue guidance as to how this judicial discretion ought to be exercised, observing that a judge should always act in accordance with the overriding objective and will likely only exercise her discretion to grant relief sparingly.’
Farrar's Building, 5th May 2022
Source: www.farrarsbuilding.co.uk
