Extension of Time in UK Law

Leading Cases
  • Hashtroodi v Hancock
    • Court of Appeal (Civil Division)
    • 25 Mayo 2004

    If there is a very good reason for the failure to serve the claim form within the specified period, then an extension of time will usually be granted. Thus, where the court has been unable to serve the claim form or the claimant has taken all reasonable steps to serve the claim form, but has been unable to do so (the CPR 7.6(3) conditions), the court will have no difficulty in deciding that there is a very good reason for the failure to serve.

    It follows that this is a case where there is no reason for the failure to serve other than the incompetence of the claimant's legal representatives. Although this is not an absolute bar, it is a powerful reason for refusing to grant an extension of time. In relation to the application of the overriding objective, he relies on the following factors. Secondly, the issues in the case were identified early on, so that a short extension of time would not undermine the case management process.

  • Hoddinott v Persimmon Homes (Wessex) Ltd
    • Court of Appeal (Civil Division)
    • 21 Noviembre 2007

    The first is to notify the defendant that the claimant has embarked on the formal process of litigation and to inform him of the nature of the claim. The second is to enable the defendant to participate in the process and have some say in the way in which the claim is prosecuted: until he has been served, the defendant may know that proceedings are likely to be issued, but he does not know for certain and he can do nothing to move things along.

  • R Dinjan Hysaj (Claimant/Appellant) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 16 Diciembre 2014

    In most cases the merits of the appeal will have little to do with whether it is appropriate to grant an extension of time. Only in those cases where the court can see without much investigation that the grounds of appeal are either very strong or very weak will the merits have a significant part to play when it comes to balancing the various factors that have to be considered at stage three of the process.

  • Walter Lilly & Company Ltd v Giles Patrick Cyril MacKay and Another
    • Queen's Bench Division (Technology and Construction Court)
    • 11 Julio 2012

    In any event, I am clearly of the view that, where there is an extension of time clause such as that agreed upon in this case and where delay is caused by two or more effective causes, one of which entitles the Contractor to an extension of time as being a Relevant Event, the Contractor is entitled to a full extension of time.

  • Costellow v Somerset County Council
    • Court of Appeal (Civil Division)
    • 09 Noviembre 1992

    Save in special cases or exceptional circumstances, it can rarely be appropriate, on an overall assessment of what justice requires, to deny the plaintiff an extension (where the denial will stifle his action) because of a procedural default which, even if unjustifiable, has caused the defendant no prejudice for which he cannot be compensated by an award of costs.

  • Robert v Momentum Services Ltd
    • Court of Appeal (Civil Division)
    • 11 Febrero 2003

    By not spelling out a check list in rule 3.1(2)(a), it seems to me that the draftsman was intending that the discretion should be exercised by simply having regard to the overriding objective of enabling the court to deal with cases justly including, so far as practicable, the matters set out in Rule 1.1(2).

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Books & Journal Articles
  • EXTENSION OF TIME FOR SERVICE OUTSIDE THE JURISDICTION.
    • Vol. 27 No. 2, August 2022
    • Art Antiquity & Law
    • Herman, Alexander
    ...Qatar Investment and Project Development Holding Co. and His Highness Sheikh Hamad Bin Abdullah Al Thani v. Phoenix Ancient Art S.A. (1) In the October 2021 issue of this journal, we discussed the decision of the High Court not to allow the extensio......
  • Andreou v Institute of Chartered Accountants in England and Wales [1998] 1 All ER
    • No. 6-3, January 1999
    • Journal of Financial Crime
    • 254-255
    In 1972, Mr Andreou became a member of the Institute of Chartered Accountants for England and Wales (The Institute). On 14th December 1993, the disciplinary committee of the Institute found him gui...
    ... ... decision but failed to bring an internal appeal within 28 days, the time prescribed by the Institute's by-law 85(c). Mr Andreou was refused an ... He then applied for an extension of time in which to enter his notice of motion. This was refused on the ... ...
  • The Statutory Right to Seek a Credit Contract Variation on the Grounds of Hardship: A History and Analysis
    • No. 44-1, March 2016
    • Federal Law Review
    • 0000
    In this article, we focus on one of the most important statutory protections for Australian consumers in financial hardship: the right to seek a variation of a credit contract contained in s 72 of ...
    ... ... the years, it has ev olved from a very limited right to seek an extension of time to pay a debt on grounds of illness and unemployment, to a ... ...
  • The role of Israeli judges in authorising solitary confinement placements: Balancing human rights and risk, or neutralising responsibility?
    • No. 25-1, January 2023
    • Punishment & Society
    This paper explores the role of judges in authorising the extension of placements in solitary confinement in Israeli prisons for lengthy periods of time. It qualitatively examines, through content ...
    ... ... paper explores the role of judges in authorising the extension of placements insolitary confinement in Israeli prisons for lengthy s of time. It qualitatively exam-ines, through content analysis of 354 Israeli court ... ...
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