CPR changes in force Thursday 5 June 2014

CPR changes in force Thursday 5 June 2014

Three CPR provisions have been the subject of the reforms which came into force on Thursday 5 June. These are:

  • changes to ensure it is clear that CPR 3.12 dealing with costs budgeting applies in the Admiralty and Commercial Courts
  • how the specialist planning judges will be appointed,
  • new provisions at CPR 3.8(4) allowing parties to extend time, so called 'buffer agreements'

We provided our Practice Note setting out information on these changes exclusively to our subscribers in our May monthly email. Ensure you don't miss out on upcoming newsletters by signing up on the right - alternatively if you'd like to receive the May email please leave your details below.

We have amended content within LexisPSL DR to reflect the new provisions.

Buffer agreements

Previously parties have, in some instances, been able to agree to extend time limits set out in a rule, practice direction or court order. However, the sanction for failure to comply with the rule, practice direction or sanction still applied and a court application was required for relief from that sanction. The new provision in CPR 3.8(4) now means that parties can reach an agreement to extend time without the continued imposition of the relevant sanction so alleviating the need for the separate relief from sanctions application. For information on CPR 3.8(4) agreements, which are already being referred to as 'buffer agreements' by some.*

*Subscribers to LexisPSL Dispute Resolution can find further details in our Practice Note: Agreements to extend time—buffer agreements.

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About the author:

Janna is a dispute resolution lawyer. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolutions lawyers. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.