DR Extension of time Flashcards
1
Q
Submissions for application to extend time
A
- The court will only grant an extension if it is just and proportionate (in accordance with overriding objective)
- And it will NOT imperil future hearing dates
2
Q
Application for extension of time - reason
A
E.g., to serve the defence when this is refused by the claimant
3
Q
How can a defendant extend time to serve its defence?
A
The defendant and claimant can agree an extension of time for serving the defence of up to 28 days
- the defendant can have up to 56 days from DDS of particulars (e.g., filed an acknowledgement of service), without having to apply for court’s permission to extend time
4
Q
What happens if the parties agree an extension of time?
A
The court must be notified in writing - but no application to court would be required