Manning and another v King’s College Hospital NHS Trust [2011] EWHC 2954 (QB), [2011] All ER (D) 97 (Nov)
In an application for relief from sanctions, the obligation lay on the court conscientiously to work through the exercise of considering the nine factors in CPR 3.9 in determining how, on balance, to exercise its discretion. That encouraged, and was liable to achieve, structured decision-making which was unlikely to be susceptible to appeal. The right approach was to stand back and assess the significance and weight of all relevant circumstances overall.