18 Matters to be taken into account under section 17

In determining whether to make an order under section 17, the specified court or tribunal must take into account—

(a)

any hardship that would be caused,—

(i)

if the order were made, to a person who is, or is represented by, the defendant; and

(ii)

if the order were not made, to A; and

(b)

the length of, and reasons for, the delay on A’s part; and

(c)

any effects or likely effects of the delay on—

(i)

the defendant’s ability to defend the claim; and

(ii)

the cogency of the evidence offered, or likely to be offered, by A or the defendant; and

(d)

the defendant’s conduct on and after the date of the act or omission on which the claim is based, including the extent to which the defendant responded to requests for information or inspection that were reasonably made by or on behalf of A in order to discover facts that were, or might be, relevant to the claim; and

(e)

the extent to which prompt and reasonable steps were taken by or on behalf of A to make the claim after A became aware that A was entitled to do so; and

(f)

any steps taken by or on behalf of A to obtain relevant medical, legal, or other expert advice, and the nature of any relevant expert advice received by or on behalf of A; and

(g)

any other matters it considers relevant.