COURT ORDER ALLOWING PROSPECTIVE AND RETROSPECTIVE EXTENSIONS OF TIME: A BRIEF EXAMPLE

I am grateful to Dominic Regan for providing a precedent that allows the parties to extend time for compliance prospectively and retrospectively.

THE ISSUE

During a discussion on Twitter Dominic mentioned that some courts were habitually making orders that allowed parties to extend time both prospectively and retrospectively.

THE NEED FOR SUCH AN ORDER

This cuts down on the need for parties to make applications for court. It  reduces the argument that a party cannot waive a minor breach. A party in default does not, therefore, have to make an  application for relief from sanctions.

THE WORDING OF THE ORDER

Dominic then kindly provided the wording of a recent order.

“By written agreement referred to in this paragraph of this Order and submitted to this Court, the parties may (prospectively or retrospectively) extend time for compliance with this order by up to 28 days without the need to apply to the Court, provided that such extension does not jeopardise any hearing date.  Beyond that 28 day period, any agreed extension of time msut be submitted to the Court to include a brief explanation of the reasons, confirmation that it will not prejudice any hearing date and with a draft Consent Order. The Court will then consider whether a formal Application and Hearing is necessary.”