DR Relief from Sanctions

Question 1

Application - Denton criteria

Answer 1

Denton criteria:

1. Identify and assess the seriousness and significance of failure to comply with rule, PD or court hearing
   - Does it imperil future hearing dates? If yes, no relief
   - If neither serious nor significant, relief should be granted
   - Look at when defence would have been due etc…
2. If breach is serious and significant, consider WHY it occurred
3. Having considered the reason for the default, the court then evaluates all the circumstances of the case to ensure the court deals with the matter justly
   - promptness of application
   - previous compliance
   - proportionality - is sanction proportionate to the breach?