Extension of Time in UK Law
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Hashtroodi v Hancock
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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.
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Hoddinott v Persimmon Homes (Wessex) Ltd
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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.
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Sayers v Clarke Walker (A Firm)
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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.
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R Dinjan Hysaj (Claimant/Appellant) v Secretary of State for the Home Department
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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.
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Mitchell v News Group Newspapers Ltd
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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.
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Aktas v Adepta
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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.
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Attorney General of Trinidad and Tobago v Matthews
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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.
- The Value Added Tax (Reduced Rate) (Hospitality and Tourism) (Extension of Time Period) (Coronavirus) Order 2020
- The Alternative Dispute Resolution for Consumer Disputes (Extension of Time Limits for Legal Proceedings) (Amendment etc.) (EU Exit) Regulations 2020
- Stirling and Dunfermline Railway (Deviation, Extension of Time and Amendment) Act 1849
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The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
...... in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier ... is provided outside the time limit in rule 19, including any extension of time directed under rule 4(3) (a) (power to extend time) , the notice ......
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EXTENSION OF TIME FOR SERVICE OUTSIDE THE JURISDICTION.
...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......
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Andreou v Institute of Chartered Accountants in England and Wales [1998] 1 All ER
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 ......
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The Statutory Right to Seek a Credit Contract Variation on the Grounds of Hardship: A History and Analysis
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 ......
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The role of Israeli judges in authorising solitary confinement placements: Balancing human rights and risk, or neutralising responsibility?
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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'Time at large' argument unsuccessful where contract contains broad extension of time clause
In the case of Severfield (UK) Ltd v Duro Felguera UK Ltd (No. 2) [2017] EWHC 3066 (TCC), the Technology and Construction Court (TCC) in England and Wales declined to find ‘time at large' under a c...
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English Court of Appeal Upholds an Extension of Time to Commence Arbitration
The Court allows an application to extend time for bringing arbitration proceedings under section 12(3) of the Arbitration Act 1996. In the recent case of Haven Insurance Company Limited v EUI L...
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Application for an extension of time for service of the claim form – a risk worth taking?
The case of Medhi Khosravi v. British American Tobacco PLC [2016] EWHC 123 (QB) concerned an application for an extension of time for service of the claim form and particulars. Sir David Eady, sitt...
- Rescission Of Winding Up Orders Extension Of Time
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Application to file a statement out of time / extension of time (parking)
Traffic Enforcement Centre forms, including the form to challenge an unpaid penalty charge notice.
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Application to file a statement out of time / extension of time
Traffic Enforcement Centre forms, including the form to challenge an unpaid penalty charge notice.
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Application for an extension of time for serving a claim form (rule 7.6)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Order for an extension of time for serving a claim form (rule 7.6)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.