A party seeking to avoid the consequences of a springing order must establish both that there was no intention to ignore or flout the order and that the failure to comply was due to circumstances outside the party's control. Mere solicitor oversight or inattention — particularly where it reflects the same pattern of laxity that led to the springing order being made — will generally be insufficient. The court will have regard to: (1) the circumstances in which the springing order came to be made; (2) the reason for non-compliance; (3) prejudice to the defaulting party; and (4) prejudice to the other party.
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