Tag Archives: Extensions of time

“IN TIME” APPLICATION TO EXTEND TIME FOR PEREMPTORY ORDER REFUSED: CLAIM STRUCK OUT

I am grateful to Charles Bagot of Hardwicke Chambers for bringing my attention to the decision in Kranniqi -v- Watford Timber Company Ltd (District Judge Parfitt 13/04/2016). It is a working example of (i)the dangers of failing to comply with a peremptory order; (ii) the difficulties in obtaining an extension of time for compliance. KEY […]

DENTON DOES NOT APPLY TO DELAY IN PROVISIONAL ASSESSMENT

I am grateful to Simon Anderson of Park Square Barristers for his note of the judgment of Deputy District Judge Hill yesterday (4th March 2016) in the case of Martin -v- The Leeds Teaching Hospitals NHS Trust. This decision is important in terms of the specific rule in relation to provisional assessment and a general […]

THERE IS NO SPECIAL RULE FOR PUBLIC AUTHORITIES: SECRETARY OF STATE NOT GRANTED PERMISSION TO APPEAL OUT OF TIME

The previous post emphasised the point that state agencies have no preferred status when it comes to compliance with rules and relief from sanctions. This point was made clear again by the Court of Appeal judgment in The Secretary of State for the Home Department -v- Begum [2016] EWCA Civ 122, where permission to appeal […]

EXTENDING TIME FOR SERVICE OF THE CLAIM FORM: A RISKY BUSINESS

In Medhi Kohsravi -v- British American Tobacco PLC [2016] EWHC 123 (QB)Sir David Eady stated that he would have set aside an order extending time for service of the claim form. It is a timely warning that obtaining an extension of time for service remains a risky business. “The overriding objective requires that the disciplines […]

WAITING FOR LEGAL AID IS NOT A GOOD REASON FOR DELAY: COURT OF APPEAL DECISION

In R (Kigen) -v- Secretary of State for the Home Department [2015] EWCA Civ 1286 the Court of Appeal stated that delay caused by waiting for the Legal Aid Agency may no longer be accepted as a good reason for the court to exercise its discretion. “…solicitors in general may have been under the impression […]

“TOTALLY HOPELESS” APPLICATION FOR DISCLOSURE;INADEQUATE WITNESS STATEMENTS;APPLICATION FOR EXTENSION REFUSED:ALL LEGAL LIFE IS HERE

The judgment of Mr Justice Edwards-Stuart in London Borough of Bromley -v- Heckel [2015] EWHC encompasses many of the themes regularly discussed in this blog. Proceedings were issued late;there was an inappropriate application for disclosure;the witness evidence was inadequate. Finally an application for an extension of time was  refused, thus effectively ending the action. “This […]

DENTON: EXTENSIONS OF TIME AND COSTS: OPPOSITION TO APPLICATIONS IS NOT ALWAYS UNREASONABLE

In The Queen on the Application of IDIRA -v- The Secretary of State for the Home Department [2015] EWCA Civ 1187 the Court of Appeal made a number of observations in relation to extensions of time, the Denton criteria, and costs. “A party is not required to agree to an extension of time in every […]