MORE ON ORDERS ALLOWING THE PARTIES TO EXTEND TIME BY AGREEMENT

Mediatelegal

It appears that the proposed change to allow the parties to vary orders by consent only applies to clinical negligence cases.

Lexis Law Dispute Resolution report 

The Judicial Office has released this statement:

“A draft amendment to the clinical negligence model direction used by the Queen’s Bench Masters, allowing for times set by the directions to be extended by up to 28 days by agreement, has been approved by the PQBD and Deputy Head of Civil Justice but no decision has been taken on whether there should be any general change to model directions or to standard directions under the Civil Procedure Rules.  This is the subject of discussion within the Civil Procedure Rule Committee and any decision will require the approval of the Master of the Rolls.

COMMENT: NOTHING TO STOP THE WORDING BEING USED MORE WIDELY

However there does not appear to be anything to prevent the parties proposing the wording in other cases.  Certainly I have heard of courts where the administrative backlog is now in excess of two months, arising largely out of the need for parties to file applications for extensions of time.