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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Extensions of time
PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY

PD51ZA WAS NOT EXTENDED: NEW PROVISIONS PLANNED TO ALLOW RULES TO BE CHANGED DURING PUBLIC EMERGENCY

January 7, 2021 · by gexall · in Civil Procedure, Coronavirus, Extensions of time, Rule Changes

There have been several enquiries recently as to whether PD51ZA, which allowed the parties to agree lengthier extensions of time, was extended. The simple answer is that it was not. The rule expired on 30th October 2020.   MINUTES OF…

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: "AVOIDABLE DELAY" IS NOT LOOKED AT KINDLY

COSTS LAWYERS BEWARE: COURT REFUSES TO SET ASIDE DEFAULT COSTS CERTIFICATE: “AVOIDABLE DELAY” IS NOT LOOKED AT KINDLY

December 17, 2020 · by gexall · in Applications, Assessment of Costs, Avoiding negligence claims, Civil Procedure, Costs, Extensions of time, Relief from sanctions

In  Masten v London Britannia Hotel Ltd [2020] EWHC B31 (Costs) Mr Leonard refused to set aside a default costs certificate.  This serves as a salutary warning of the importance of time limits.  Further the Master observed that if a…

MISTAKES IN THE TERMS OF AN ORDER, DENTON AND THE SLIP RULE: AN UNFORTUNATE ERROR LEADS TO A LOT OF LITIGATION

MISTAKES IN THE TERMS OF AN ORDER, DENTON AND THE SLIP RULE: AN UNFORTUNATE ERROR LEADS TO A LOT OF LITIGATION

December 16, 2020 · by gexall · in Appeals, Applications, Avoiding negligence claims, Extensions of time, Relief from sanctions

In IC v RC [2020] EWHC 2997 (Fam) Mrs Justice Knowles had to consider the Denton criteria and the slip rule.  It also serves as an important warning to anyone undertaking the task of drafting a court order.   “I…

EXTENSION OF TIME TO APPEAL REFUSED: HIGH COURT DECISION TODAY

EXTENSION OF TIME TO APPEAL REFUSED: HIGH COURT DECISION TODAY

October 23, 2020 · by gexall · in Appeals, Applications, Extensions of time, Relief from sanctions

In the judgment today in Jamous v Mercouris [2020] EWHC 2814 (QB) Mr Justice Murray refused a claimant’s application for permission to appeal out of time.  It is a reminder that applications of extensions of time to appeal are dealt…

DENTON PRINCIPLES APPLY WHERE WITNESS EVIDENCE SERVED LATE

DENTON PRINCIPLES APPLY WHERE WITNESS EVIDENCE SERVED LATE

September 23, 2020 · by gexall · in Appeals, Extensions of time, Relief from sanctions, Witness statements

The judgment of HHJ Matthews (sitting as a High Court judge) in Wolf Rock (Cornwall) Ltd v Langhelle [2020] EWHC 2500 (Ch) considers the issue of whether the Denton principles apply when a witness statement is served late but there…

NON-COMPLIANCE WITH ORDER FOR EXPERT EVIDENCE AND THE CLAIMANT'S APPLICATION GOES UP IN SMOKE...

NON-COMPLIANCE WITH ORDER FOR EXPERT EVIDENCE AND THE CLAIMANT’S APPLICATION GOES UP IN SMOKE…

May 29, 2020 · by gexall · in Applications, Expert evidence, Experts, Extensions of time, Relief from sanctions

Possibly the most difficult position you could put yourself in in litigation is for the court to make an order, do something the court did not allow, not get permission in advance, and then seek relief from sanctions thereafter.   …

SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND

SERVICE OF THE CLAIM FORM: WHAT CAN POSSIBLY GO WRONG? TEN SIMPLE POINTS TO MAKE LIFE EASIER & TO CAP OFF THE BANK HOLIDAY WEEKEND

May 25, 2020 · by gexall · in Applications, Avoiding negligence claims, Extensions of time, Service of the claim form

 Service of the claim form remain a major cause of problems.  Here we re-cap (not for the first time) on the basic causes of  many of the problems, with links through to the many posts on this subject. This post…

RELIEF FROM SANCTIONS GRANTED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: SUCCESSFUL APPEAL TO THE HIGH COURT

RELIEF FROM SANCTIONS GRANTED FOLLOWING LATE SERVICE OF WITNESS STATEMENTS: SUCCESSFUL APPEAL TO THE HIGH COURT

May 19, 2020 · by gexall · in Appeals, Applications, Extensions of time, Relief from sanctions

High Court decisions in relation to relief of sanctions seem to be coming in pairs.  Yesterday we looked at Depp II v News Group Newspapers Ltd & Anor [2020] EWHC 1237 (QB) today we are looking at the claimant’s successful appeal…

SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES "BY THE SKIN OF THEIR TEETH": SOME IMPORTANT LESSONS TO LEARN HERE

SERVICE OF THE CLAIM FORM: CLAIMANT SURVIVES “BY THE SKIN OF THEIR TEETH”: SOME IMPORTANT LESSONS TO LEARN HERE

May 19, 2020 · by gexall · in Applications, Extensions of time, Service of the claim form, Serving documents

Every year brings its own crop of service of the claim form cases. This year is no different.  In Oran Environmental Solutions Ltd & Anor v QBE Insurance (Europe) Ltd & Anor [2020] EWHC 1271 (Comm) Mrs Justice Cockerill observed…

EXTENSION OF TIME GRANTED AND HEARING PUT BACK BECAUSE OF COVID-19 PROBLEMS: THE RELEVANT PRINCIPLES CONSIDERED

EXTENSION OF TIME GRANTED AND HEARING PUT BACK BECAUSE OF COVID-19 PROBLEMS: THE RELEVANT PRINCIPLES CONSIDERED

April 21, 2020 · by gexall · in Case Management, Civil Procedure, Coronavirus, Extensions of time

In Muncipio De Mariana & Ors v BHP Group Plc [2020] EWHC 928 (TCC) HHJ Eyre QC allowed the defendants extra time to serve evidence because of the coronavirus crisis and a hearing date was put back.  There is an…

MORE ON THE NEW RULES EXTENDING TIME:  HOW DOES THE PRACTICE DIRECTION IMPACT ON THE RULES FOR EXTENDING TIME FOR SERVICE OF THE DEFENCE?

MORE ON THE NEW RULES EXTENDING TIME: HOW DOES THE PRACTICE DIRECTION IMPACT ON THE RULES FOR EXTENDING TIME FOR SERVICE OF THE DEFENCE?

April 12, 2020 · by gexall · in Civil Procedure, Coronavirus, Extensions of time

A very sensible question was asked on Twitter last week about whether the Practice Direction extending time applied to the very specific rule about parties agreeing an extension of time for filing the defence. THE RULES RELATING TO FILING A…

THE NEW PRACTICE DIRECTION 2:  "THE COURT WILL TAKE INTO ACCOUNT THE IMPACT OF THE CORONAVIRUS PANDEMIC"

THE NEW PRACTICE DIRECTION 2: “THE COURT WILL TAKE INTO ACCOUNT THE IMPACT OF THE CORONAVIRUS PANDEMIC”

April 2, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Coronavirus, Extensions of time, Relief from sanctions, Rule Changes, Sanctions

Looking at paragraph 4 of the Practice Direction today it, in effect, enshrines commonsense.  However there are still steps lawyers should take to protect their clients (and their own) position. “In so far as compatible with the proper administration of…

THE NEW PRACTICE DIRECTION: THE LIMITATIONS ON THE POWER TO EXTEND TIME BY AGREEMENT AND MAKING AN APPLICATION

THE NEW PRACTICE DIRECTION: THE LIMITATIONS ON THE POWER TO EXTEND TIME BY AGREEMENT AND MAKING AN APPLICATION

April 2, 2020 · by gexall · in Civil Procedure, Coronavirus, Extensions of time

Although it is welcome the new Practice direction is a bit disappointing.  It does not trust litigators at all (or not very much). Parties can agree extensions of up to 56 days, without permission of the Court, but not beyond…

IT IS HERE:  EXTENSIONS OF TIME AND THE CORONAVIRUS CRISIS

IT IS HERE: EXTENSIONS OF TIME AND THE CORONAVIRUS CRISIS

April 2, 2020 · by gexall · in Civil Procedure, Coronavirus, Extensions of time

 A bit late, but still welcome, is the update, applicable from today which allows the parties to agree a longer extension of time and state, expressly, that problems caused by coronavirus will be taken to account when a court is…

REMOTE WORKING AND THE LITIGATOR 4: YOU CAN AGREE TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: BUT YOU HAVE TO BE CAREFUL

REMOTE WORKING AND THE LITIGATOR 4: YOU CAN AGREE TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: BUT YOU HAVE TO BE CAREFUL

March 25, 2020 · by gexall · in Civil Procedure, Coronavirus, Extensions of time, Service of the claim form

One question asked after I gave a webinar this morning was whether it is possible for the parties to agree an extension of time for service of the claim form.  The brief answer is – yes it is. Care has…

CORONAVIRUS - A USEFUL CASE: MASTER ALLOWS PARTY TO VARY DIRECTIONS BY CONSENT BY 56 DAYS

CORONAVIRUS – A USEFUL CASE: MASTER ALLOWS PARTY TO VARY DIRECTIONS BY CONSENT BY 56 DAYS

March 16, 2020 · by gexall · in Applications, Civil Procedure, Extensions of time

7BR’s website carries an interesting report  from Adam Korn of a judgment today where Master Davison made an order extending the amount of time the parties can agree to vary directions.  This was directly because of potential difficulties arising out…

CIVIL LITIGATION IN A TIME OF TOTAL UNCERTAINTY: 10 KEY POINTS ON DIFFICULTIES ARISING OUT OF THE CORONAVIRUS OUTBREAK

CIVIL LITIGATION IN A TIME OF TOTAL UNCERTAINTY: 10 KEY POINTS ON DIFFICULTIES ARISING OUT OF THE CORONAVIRUS OUTBREAK

March 15, 2020 · by gexall · in Civil Procedure, Extensions of time, Relief from sanctions

I cannot recall a time when matters were so rife with uncertainty.  By request I have been asked to consider practical steps litigators can take.  Equally significantly we have to consider what steps the courts, and the Rules Committee, should…

OUT OF TIME APPEAL ALLOWED BECAUSE OF ITS UNDERLYING MERITS: DENTON CONSIDERED

OUT OF TIME APPEAL ALLOWED BECAUSE OF ITS UNDERLYING MERITS: DENTON CONSIDERED

March 10, 2020 · by gexall · in Appeals, Applications, Extensions of time, Relief from sanctions

For the second time in two days I am writing about a relief from sanctions case where the court took into account the merits of the underlying case.  Yesterday relief was refused because the court held that the case had…

STAYING SANE AS A LITIGATOR 9: SHARING THE "PAIN"

STAYING SANE AS A LITIGATOR 9: SHARING THE “PAIN”

February 4, 2020 · by gexall · in Avoiding negligence claims, Civil Procedure, Expert evidence, Experts, Extensions of time, Well being

Most of the burden of complying with time periods and court orders lies with the solicitor. However a solicitor’s life can be made easier by making sure that all those concerned with the litigation process know of the deadlines involved…

DISCLOSURE OF SURVEILLANCE EVIDENCE LATE: THE FACT THAT THE GENIE IS OUT OF THE BOTTLE IS NOT ENOUGH: AN INTERESTING HIGH COURT DECISION

DISCLOSURE OF SURVEILLANCE EVIDENCE LATE: THE FACT THAT THE GENIE IS OUT OF THE BOTTLE IS NOT ENOUGH: AN INTERESTING HIGH COURT DECISION

January 23, 2020 · by gexall · in Adjournments, Appeals, Civil evidence, Civil Procedure, Conduct, Extensions of time

  Angus Fergusson  has kindly sent me a copy of the judgment of Mr Justice Birss in  Grant -v- Newport City Council [2018] EWHC 3813, it is an interesting case where the judge, on appeal, upheld a decision to refuse…

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