Evidence in support of application for relief from sanctions (CPR 3.8 and 3.9)
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
PF 71 Evidence in support of application for relief from sanctions (CPR 3.8 and 3.9)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
[ ] District Registry
[In the County Court sitting at ………………..]
Claim number
Claimant
Defendant
I (name, address and description) state as follows:
- I make this witness statement in support of the application the (party) for the relief from the sanction imposed on the (party) for failure to comply with the following rule, practice direction or court order, namely:-
(here set out the terms of the rule, practice direction or court order referred to and the precise respects in which the applicant has failed to comply with the same)
- It is provided by rule 3.8(1) that the sanction imposed by the said rule, practice direction or court order, namely that (here set out the sanction imposed) has effect unless the applicant applies for and obtains relief from the sanction
- The circumstances of the case which I would invite the court to consider in dealing with the application are as follows:-
(here set out in separately numbered sub-paragraphs as appropriate all the circumstances of the case which are relevant to the application, including in particular
(a) those matters which are relevant to the seriousness or significance of the breach;
(b) why the failure or default occurred; and
(c) those matters which are relevant to enabling the court to deal justly with the application).
4. I submit that the court can deal justly with the application in accordance with the requirements of rule 3.9(1) , by making the following order:-
(here set out the terms of the order, including any terms as to costs, proposed by the applicant).
[I believe][The claimant/defendant believes] that the facts stated in this witness statement are true.
Signed:
Name:
...
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