Q&As

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3), must the requirement (namely CPR 3.8(3)(a)) and the specified sanction (namely CPR 3.8(3)(b)) be contained within the same document. In other words, can a multi-track party apply for an extension of time under CPR 3.8(3) where the deadline is set out in a court order but the sanction is set out in the CPR?

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Published on LexisPSL on 20/05/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3), must the requirement (namely CPR 3.8(3)(a)) and the specified sanction (namely CPR 3.8(3)(b)) be contained within the same document. In other words, can a multi-track party apply for an extension of time under CPR 3.8(3) where the deadline is set out in a court order but the sanction is set out in the CPR?
  • Buffer Agreements

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3), must the requirement (namely CPR 3.8(3)(a)) and the specified sanction (namely CPR 3.8(3)(b)) be contained within the same document. In other words, can a multi-track party apply for an extension of time under CPR 3.8(3) where the deadline is set out in a court order but the sanction is set out in the CPR?

Parties to litigation can often find themselves in a position where they need extra time in which to comply with a rule, practice direction or order.

The CPR includes provisions whereby the parties can seek to extend time for compliance in a number of situations. More particularly, CPR 2.11 provides:

'Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.'

However, CPR 3.8(3) provides that the parties cannot (generally—though see ‘buffer agreements’ below) agree to extend time where a rule, practice direction or order requires a party to do something within a specified time and specifies the consequence of failure to comply.

Further to this, CPR 32.10 states that:

'If a witness statement or a witness summary for use at trial

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