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.
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.