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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Extensions of time
COST BITES 14: TIME FOR PAYMENT OF COURT AWARD THERE SHOULD BE EVIDENCE TO SUPPORT ANY APPLICATION FOR FURTHER TIME

COST BITES 14: TIME FOR PAYMENT OF COURT AWARD THERE SHOULD BE EVIDENCE TO SUPPORT ANY APPLICATION FOR FURTHER TIME

August 3, 2022 · by gexall · in Applications, Extensions of time

We are returning to the judgment in Vitol SA v Genser Energy Ghana Ltd [2022] EWHC 1955 (Comm) Ms Lesley Anderson QC (sitting as a Deputy High Court Judge).   It is quite common for a party ordered to pay costs to…

THE IMPORTANT DIFFERENCE BETWEEN A PROSPECTIVE AND RETROSPECTIVE APPLICATION TO SERVE A CLAIM FORM: "CLEAR WATER" BETWEEN THE TWO TESTS: COURT OF APPEAL OVERTURNS ORDER SETTING ASIDE A PROSPECTIVE APPLICATION FOR SERVICE

THE IMPORTANT DIFFERENCE BETWEEN A PROSPECTIVE AND RETROSPECTIVE APPLICATION TO SERVE A CLAIM FORM: “CLEAR WATER” BETWEEN THE TWO TESTS: COURT OF APPEAL OVERTURNS ORDER SETTING ASIDE A PROSPECTIVE APPLICATION FOR SERVICE

July 27, 2022 · by gexall · in Appeals, Extensions of time, Service of the claim form

In ST v BAI (SA) Trading As Brittany Ferries [2022] EWCA Civ 1037  the Court of Appeal overturned a decision, itself made on appeal, where a prospective application to extend time for service of the claim form was set aside….

PROVING THINGS 234: PROVIDE AN EXPLANATION FOR DELAY BY EVIDENCE -  NOT BY SUBMISSIONS

PROVING THINGS 234: PROVIDE AN EXPLANATION FOR DELAY BY EVIDENCE – NOT BY SUBMISSIONS

July 26, 2022 · by gexall · in Applications, Civil evidence, Extensions of time

The judgment of Mr Justice Henshaw in  Hays & Ors v Bloomfield Investments LLC [2022] EWHC 1648 (Comm) was on a very specific area of procedure.  However there is one matter of more general interest. The need to have evidence…

APPLICATION FOR PERMISSION TO APPEAL WAS MADE OUT OF TIME: THE TRIAL JUDGE HAD NO JURISDICTION TO HEAR THE APPLICATION

APPLICATION FOR PERMISSION TO APPEAL WAS MADE OUT OF TIME: THE TRIAL JUDGE HAD NO JURISDICTION TO HEAR THE APPLICATION

July 20, 2022 · by gexall · in Appeals, Extensions of time

There is another aspect of the judgment in Omya UK Ltd v Andrews Excavations Ltd & Anor [2022] EWHC 1882 (TCC) that is worth considering. The unsuccessful defendants applied for permission to appeal to the trial judge at the hearing…

COURT REFUSES CLAIMANT'S APPLICATION FOR AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: TIME IS ALWAYS TICKING

COURT REFUSES CLAIMANT’S APPLICATION FOR AN EXTENSION OF TIME FOR SERVICE OF THE CLAIM FORM: TIME IS ALWAYS TICKING

March 8, 2022 · by gexall · in Applications, Service of the claim form, Serving documents

There are a number of issues relating to service of the claim form in the judgment of Mr Justice Nicklin in SMO v Tiktok Inc & Ors [2022] EWHC 489 (QB). Here we look at the judge’s refusal to grant…

LATE WITNESS STATEMENTS AND THE ASSESSMENT OF COSTS: COSTS REDUCED EVEN WHEN THEY WERE ON THE INDEMNITY BASIS

LATE WITNESS STATEMENTS AND THE ASSESSMENT OF COSTS: COSTS REDUCED EVEN WHEN THEY WERE ON THE INDEMNITY BASIS

February 10, 2022 · by gexall · in Case Management, Costs, Extensions of time

There are two distinct issues arising from the judgment of HHJ Pelling QC (sitting as a High Court judge) in Various Airfinance Leasing Companies & Ors v Saudi Arabian Airlines Corporation [2021] EWHC 3509 (Comm). The first relates to the…

JUDGE GRANTS DEFENDANT RELIEF FROM SANCTIONS IN RELATION TO LATE FILING OF THE ACKNOWLEDGMENT OF SERVICE

JUDGE GRANTS DEFENDANT RELIEF FROM SANCTIONS IN RELATION TO LATE FILING OF THE ACKNOWLEDGMENT OF SERVICE

February 3, 2022 · by gexall · in Applications, Relief from sanctions

In Cambpell v Chief Land Registrar [2022] EWHC 200 (Ch) HHJ Hodge (sitting as a judge of the High Court) granted the defendant relief from sanctions following its failure to acknowledge service in time. “it would be unjust if two…

CLAIMANT'S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: A PARTY MORE INTERESTED IN APPEALING A COURT ORDER THAN COMPLYING WITH ITS TERMS...

CLAIMANT’S APPLICATION FOR RELIEF FROM SANCTIONS REFUSED: A PARTY MORE INTERESTED IN APPEALING A COURT ORDER THAN COMPLYING WITH ITS TERMS…

December 3, 2021 · by gexall · in Appeals, Extensions of time, Relief from sanctions

In  Day v Womble Bond Dickinson (UK) LLP [2021] EWHC 3236 (QB) Deputy Master Toogood refused a claimant’s application for relief from sanctions when there had been a four month delay in applying for permission to amend the Particulars of…

DEFENDANT GRANTED AN EXTENSION OF TIME WHEN IT WAS FIVE YEARS LATE: DENTON PRINCIPLES APPLIED

DEFENDANT GRANTED AN EXTENSION OF TIME WHEN IT WAS FIVE YEARS LATE: DENTON PRINCIPLES APPLIED

November 30, 2021 · by gexall · in Extensions of time, Relief from sanctions

Until yesterday I do not recall seeing many cases where a defendant required an extension of time in order to make an application under CPR Part 11.  However, like London buses, they seem to travel in pairs.  In Apollo Ventures…

SERVICE OF THE CLAIM FORM: WHEN THE DEFENDANT NEEDS AN EXTENSION OF TIME TO TAKE POINTS AS TO SERVICE: PROBLEMS BORN IN THE US OF A.

SERVICE OF THE CLAIM FORM: WHEN THE DEFENDANT NEEDS AN EXTENSION OF TIME TO TAKE POINTS AS TO SERVICE: PROBLEMS BORN IN THE US OF A.

November 29, 2021 · by gexall · in Applications, Extensions of time, Relief from sanctions, Service of the claim form, Serving documents

In Joe Macari Servicing Ltd v Chequered Flag International Inc [2021] EWHC 3175 (QB) Master Dagnall considered a case where the defendant required an extension of time in order to take points in relation to service of proceedings. The Master…

APPLICATIONS AND INTERLOCUTORY HEARINGS (PLUS APPLYING FOR EXTENSIONS OF TIME)

APPLICATIONS AND INTERLOCUTORY HEARINGS (PLUS APPLYING FOR EXTENSIONS OF TIME)

November 25, 2021 · by gexall · in Applications, Extensions of time, Webinar

On the 2nd December 2021 I am giving a webinar “Applications and Interlocutory Hearings: A Practitioner’s Guide”.  Since applications are made, and resisted, on a regular basis it is easy to overlook the underlying rules and case law.  This webinar…

DEFENDANT REFUSED PERMISSION TO WITHDRAW FIGURES SET OUT IN COUNTER-SCHEDULE

DEFENDANT REFUSED PERMISSION TO WITHDRAW FIGURES SET OUT IN COUNTER-SCHEDULE

November 3, 2021 · by gexall · in Applications, Extensions of time, Fatal Accidents

The judgment of Mr Justice Ritchie in  Haggerty-Garton & Ors v Imperial Chemical Industries Ltd [2021] EWHC 2924 (QB) is interesting in that it shows the application of Scottish principles of damages to a fatal case (the award was much…

THE JUDGMENT IN JALLA -V- SHELL: THE JUDGMENT OF LORD JUSTICE UNDERHILL: THE ABSENCE OF ANY EXPLANATION FOR DELAY

THE JUDGMENT IN JALLA -V- SHELL: THE JUDGMENT OF LORD JUSTICE UNDERHILL: THE ABSENCE OF ANY EXPLANATION FOR DELAY

October 28, 2021 · by gexall · in Appeals, Extensions of time, Relief from sanctions

The case of Jalla & Anor v Shell International Trading And Shipping Co. Ltd & Anor (Appeal 3: Refusal to Extend Time) [2021] EWCA Civ 1559 was covered in the previous post.  It is worthwhile looking at the shorter judgment…

COURT OF APPEAL UPHOLDS DECISION NOT TO EXTEND TIME FOR COMPLIANCE WITH COURT ORDER: 28,000 CLAIMS BITE THE DUST

COURT OF APPEAL UPHOLDS DECISION NOT TO EXTEND TIME FOR COMPLIANCE WITH COURT ORDER: 28,000 CLAIMS BITE THE DUST

October 28, 2021 · by gexall · in Appeals, Applications, Extensions of time, Relief from sanctions

In the decision today in  Jalla & Anor v Shell International Trading And Shipping Co. Ltd & Anor (Appeal 3: Refusal to Extend Time)[2021] EWCA Civ 1559 the Court of Appeal upheld a decision not to grant extensions of time…

APPEAL WAS OUT OF TIME DUE TO FAILURE TO USE EFILING: A POINT TO WATCH

APPEAL WAS OUT OF TIME DUE TO FAILURE TO USE EFILING: A POINT TO WATCH

October 26, 2021 · by gexall · in Appeals, Extensions of time

The judgment of Eason Rajah QC (sitting as a Judge of the Chancery Division)in  Walker v The Official Receiver [2021] EWHC 2868 (Ch) highlights a problem with appeals in the Chancery Division.  The appellant had problems because an appeal was to…

DEFENDANTS FAILED TO COMPLY WITH PEREMPTORY ORDER: RELIEF FROM SANCTIONS REFUSED

DEFENDANTS FAILED TO COMPLY WITH PEREMPTORY ORDER: RELIEF FROM SANCTIONS REFUSED

October 22, 2021 · by gexall · in Applications, Extensions of time, Relief from sanctions

In Parkes v Hall & Ors [2021] EWHC 2824 (QB) Sir Andrew Nicol refused the defendants’ application for relief from sanctions following failure to comply with relief from sanctions.     THE CASE The defendants were ordered to file further…

THE DENTON CRITERIA: LATE APPEALS, NEW EVIDENCE AND PERMISSION TO APPEAL: A PROPOSED APPELLANT IS NOT ENTITLED TO TWO BITES OF THE CHERRY

THE DENTON CRITERIA: LATE APPEALS, NEW EVIDENCE AND PERMISSION TO APPEAL: A PROPOSED APPELLANT IS NOT ENTITLED TO TWO BITES OF THE CHERRY

October 11, 2021 · by gexall · in Appeals, Extensions of time, Relief from sanctions

The judgment of HHJ Karen Walden-Smith in Nagpal v Kumar [2021] EW Misc 17 (CC) illustrates the difficulties faced by a party that requires permission to appeal out of time and wishes to adduce new evidence at the proposed appeal….

CLAIMANTS' APPLICATION FOR AN EXTENSION OF TIME REFUSED: AN APPLICATION AT (SIX MINUTES) AFTER THE  DEADLINE

CLAIMANTS’ APPLICATION FOR AN EXTENSION OF TIME REFUSED: AN APPLICATION AT (SIX MINUTES) AFTER THE DEADLINE

August 2, 2021 · by gexall · in Avoiding negligence claims, Case Management, Civil Procedure, Extensions of time, Relief from sanctions

The judgment of Mrs Justice O’Farrell in Jalla & Ors v Royal Dutch Shell Plc & Ors [2021] EWHC 2118 (TCC) shows the dangers of assuming that an extension of time will be given. The judge found that an agreement…

EXTENSIONS OF TIME AND THE DENTON CRITERIA: WHEN IT IS UNSATISFACTORY FOR AN APPELLANT TO GO HUNTING

EXTENSIONS OF TIME AND THE DENTON CRITERIA: WHEN IT IS UNSATISFACTORY FOR AN APPELLANT TO GO HUNTING

July 21, 2021 · by gexall · in Appeals, Applications, Extensions of time, Relief from sanctions

In  Secretary of State for Work and Pensions & Anor v Hughes & Ors [2021] EWCA Civ 1093 the Court of Appeal were, shall we say, slightly unimpressed by an argument that a judge should have applied the Denton test…

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…

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