Q&As

I am making an application which needs to be made promptly under the CPR rules.  What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

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Produced in partnership with David Peachey
Published on LexisPSL on 03/04/2020

The following Dispute Resolution Q&A produced in partnership with David Peachey provides comprehensive and up to date legal information covering:

  • I am making an application which needs to be made promptly under the CPR rules.  What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

I am making an application which needs to be made promptly under the CPR rules.  What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

There are a number of applications that the CPR requires to be made promptly, but much of the commentary below will be relevant to any circumstances where there is a need to ensure an application is made in good time. There is a balance to be struck: A hurried application with no, or insufficient, evidence risks being dismissed on the papers pursuant to CPR 23.8(c). Too much delay while preparing the application, and it may fail irrespective of its substantive merit. See Standard Bank Plc v Agrinvest International Inc, obiter at [20] to [22]. Always bear in mind that ‘promptly’, within the context of CPR 13.3 and CPR 39.3, means with alacrity, or ‘with all reasonable celerity in the circumstances’, see Khan v Edgbaston Holdings.

Note: CPR 13.3 deals with setting aside a default judgment. CPR 39.3 deals with setting aside an order or judgment following non attendance of a party at the hearing or

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