Q&As

I want to seek an extension of time under CPR 3.1(2)(a) for complying with a court order. The time for compliance has passed but the court order did not state what the sanction for not complying with the time limit would be. What test will the court apply in dealing with my application? Can you identify any key authorities that have considered this issue?

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Published on LexisPSL on 15/07/2020

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

  • I want to seek an extension of time under CPR 3.1(2)(a) for complying with a court order. The time for compliance has passed but the court order did not state what the sanction for not complying with the time limit would be. What test will the court apply in dealing with my application? Can you identify any key authorities that have considered this issue?
  • Failure to comply with an order in time
  • No sanction imposed by a rule, PD or court order
  • Applications to extend time under CPR 3.1(2)(a)

I want to seek an extension of time under CPR 3.1(2)(a) for complying with a court order. The time for compliance has passed but the court order did not state what the sanction for not complying with the time limit would be. What test will the court apply in dealing with my application? Can you identify any key authorities that have considered this issue?

Failure to comply with an order in time

Where a party fails to comply with an order in time, they could face an application from another party for a statement of case to be struck out under CPR 3.4(2)(c) (failure to comply with a rule, PD or court order). Alternatively, the order may automatically impose a sanction, such as strike out or a lesser sanction. In that case, CPR 3.8(1) applies with the effect that the sanction for failure to comply that is imposed by the order has effect unless relief from sanctions is granted.

No sanction imposed by a rule, PD or court order

If the original court order did not impose a sanction for failure to comply with it, then CPR 3.8(1) does not apply. There is no sanction to take effect and therefore no relief need be

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