MORE ON ORDERS ALLOWING THE PARTIES TO EXTEND TIME BY AGREEMENT
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.
I have today had reports from lawyers saying courts are making exactly that direction, and welcoming it.
[…] best way to do so is to follow Gordon Exall’s excellent blog Civil Litigation Brief which covers everything remotely connected to the problem. (What will he do when it’s all […]
I’ll go back to drafting pleadings and schedules; representing widows & orphans and seriously injured people; writing books about damages (all of which I am still doing by the way). I have two other blogs which deal with these matters. However they have nothing like the same interest as this blog.