Removal of Sanctions (Strike Out)

[FunkyFox]

Hi All (its been a while)

 

I have a quick question, grateful for any help.

 

If a claimants case has been struck out, CPR states that they must apply promptly to have the sanction removed.

 

Relief from sanctions

 

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 including –

(a) the interests of the administration of justice;

 

(b) whether the application for relief has been made promptly;

 

© 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 preaction 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.

 

Does anyone know of any authorites that defines what a reasonable time is?

 

I have a case that was struck out 14 months ago and I fear it may be about to rear its ugly head again!!

 

Also if the OC has now assigned the account to a DCA, would the DCA be able to apply for sanctions to be removed and carry on with the case or must it be the original claimant.

 

Any help much appreciated.

 

Thanks, FF

[Guest Old_andrew2018]

Bump