Jackson live — one year on — summer 2014
One year after implementation of the Jackson reforms to civil procedure, six months after the confirmation by the Court of Appeal in Mitchell that the courts were to take very seriously the business of managing cases so as to ensure compliance with the Civil Procedure Rules and court orders, and with more than 50 subsequent reported decisions citing Mitchell, some key lessons have emerged from the management of cases by the courts.
Parties to litigation must take extremely seriously any time limits that either the courts or the rules set for taking steps in their cases. These are true deadlines. There has been some uncertainty about whether they can be extended by agreement with other parties. From 5 June this year, a new rule (CPR 3.8(4)) will make it clear that they may be extended by agreement for up to 28 days, provided that the extension doesn’t put at risk any hearing date.
If it is not possible to agree an extension of time, but compliance with a time limit appears unachievable, a party should apply to the court for an extension, giving detailed reasons for the application, in good time before the relevant deadline. Pressure of work alone may not constitute a good enough reason, but a party will be in a better position applying at that stage, before default, than once a breach has occurred (see Mitchell). Jackson LJ himself has recently confirmed that an application for an extension of time will not be subject to the same considerations as an application for relief from sanctions (Hallam v Baker)…
Click on the link below to read the rest of the Addleshaw Goddard briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
InCredit — new controller form for intragroup transactions; PPI complaints set to continue; and more
Addleshaw Goddard’s weekly publication provides information on current retail finance issues, regulatory and legislative developments, market watch and ASA adjudications.
Data Issues Roundup — firm warned to stop nuisance text messages; EU ruling on CCTV; ICO's privacy seals; and more
Addleshaw Goddard has released the 19 January 2014 issue of its Data Issues Roundup .
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?