Extension of Time in UK Law

Leading Cases
  • Sayers v Clarke Walker (A Firm)
    • Court of Appeal (Civil Division)
    • 10 Jul 2002

    Even though this may not be a sanction expressly "imposed" by the rule, the consequence will be exactly the same as if it had been, and it would be far better for courts to follow the check-list contained in CPR 3.9 on this occasion, too, than for judges to make their own check-lists for cases where sanctions are implied and not expressly imposed.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 27 Nov 2013

    If the non-compliance cannot be characterised as trivial, then the burden is on the defaulting party to persuade the court to grant relief. If there is a good reason for it, the court will be likely to decide that relief should be granted.

  • Terna Bahrain Holding Company Wll v Ali Marzook Ali Bin Kamil Al Shamsi and Others
    • Queen's Bench Division (Commercial Court)
    • 22 Nov 2012

    Fourthly, the Court's approach to the strength of the challenge application will depend upon the procedural circumstances in which the issue arises. On an application for an extension of time, the Court will not normally conduct a substantial investigation into the merits of the challenge application, since to do so would defeat the purposes of the Act.

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

  • R v Mitchell
    • Court of Appeal (Criminal Division)
    • 23 Feb 1977

    This is an application for an extension of time in which to appeal against conviction. It should be clearly understood, and this Court wants to make it even more abundantly clear, that the fact that there has been an apparent change in the law or, to put it more precisely, that previous misconceptions about the meaning of a statute have been put right, does not afford a proper ground for allowing an extension of time in which to appeal against conviction.

  • Attorney General of Trinidad and Tobago v Matthews
    • Privy Council
    • 20 Oct 2011

    There is no rule which states that, if the defendant fails to file a defence within the period specified by the CPR, no defence may be filed unless the court permits. At most, it can be said that, if the defendant fails to file a defence within the prescribed period and does not apply for an extension of time, he is at risk of a request by the claimant that judgment in default should be entered in his favour.

  • R v Stratford-on-Avon District Council, ex parte Jackson
    • Court of Appeal (Civil Division)
    • 08 Oct 1985

    The court therefore still retains a discretion to refuse to grant leave for the making of the application or the relief sought on the substantive application on the grounds of undue delay, if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially, prejudice the rights of, any person or would be detrimental to good administration.

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Books & Journal Articles
  • Andreou v Institute of Chartered Accountants in England and Wales [1998] 1 All ER
    • Núm. 6-3, Enero 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
    • Núm. 44-1, Marzo 2016
    • Federal Law Review
    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 ...
    ......}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em 1em;}#outline ... years, it has ev o lved from a very limited right to seek an extension of time to pay a debt on grounds of illness and unemployment, to a ......
  • Pinekerry v Needs: A Conflict Between Law and Practice
    • Núm. 57-1, Enero 1994
    • The Modern Law Review
    ......}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em 1em;}#outline ... after 17 March 1989, there had been an order for extension of time for registration under section 123(1) LRA 1925. Such an ......
  • Courts Martial: Compatibility with European Convention on Human Rights, Article 6
    • Núm. 69-5, Octubre 2005
    • Journal of Criminal Law, The
    ......}.ir:hover{cursor:pointer;}@media screen{#outline{font-family:Georgia,Times,"Times New Roman",serif;font-size:13px;margin:2em 1em;}#outline ... appeal against conviction had been wrong, an application for an extension of time for leave to appeal was launched, and that application was ......
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Law Firm Commentaries
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