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.

  • 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.

  • Sayers v Clarke Walker (A Firm)
    • Court of Appeal (Civil Division)
    • 10 Julio 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.

  • 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.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 27 Noviembre 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.

  • Aktas v Adepta
    • Court of Appeal (Civil Division)
    • 22 Octubre 2010

    In such a system, it is important therefore that the courts strictly regulate the period granted for service. If it were otherwise, the statutory limitation period could be made elastic at the whim or sloppiness of the claimant or his solicitors. For the same reason, the argument that if late service were not permitted, the claimant would lose his claim, because it would become time barred, becomes a barren excuse.

  • Attorney General of Trinidad and Tobago v Matthews
    • Privy Council
    • 20 Octubre 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.

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Legislation
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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
    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 ...
    ...... 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 ......
  • 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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Law Firm Commentaries
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Forms
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