Michael and another v Middleton and another [2013] All ER (D) 124 (Oct)
The new CPR 3.9 was in force from 1 April 2013. The new rule required that the court considered 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 the Rules, Practice Directions and orders of the court. The new rule applied in respect of any application made on or after 1 April 2013, which was the date on which the amended rule came into force which applied in its opening words “on any application for relief from any sanction imposed”. In a case of non-compliance with an unless order a party would be required to show a material change of circumstances in order to obtain relief from sanctions. Although the checklist of relevant considerations in the old rule 3.9 had been removed, they nonetheless represented matters which continued to be relevant as considerations for the court in making the overall assessment required by the terms of the new
