Q&As

In proceedings under the Trusts of Land and Appointment of Trustees Act 1996, can an extension to the deadline for witness statement be agreed between the parties, or is an application to the court for permission and relief from sanctions required?

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Produced in partnership with Paul Infield of The 36 Group
Published on LexisPSL on 12/03/2021

The following Family Q&A produced in partnership with Paul Infield of The 36 Group provides comprehensive and up to date legal information covering:

  • In proceedings under the Trusts of Land and Appointment of Trustees Act 1996, can an extension to the deadline for witness statement be agreed between the parties, or is an application to the court for permission and relief from sanctions required?

In proceedings under the Trusts of Land and Appointment of Trustees Act 1996, can an extension to the deadline for witness statement be agreed between the parties, or is an application to the court for permission and relief from sanctions required?

Proceedings under the Trusts of Land and Appointment of Trustees Act 1996 are dealt with under the Civil Procedure Rules 1998 (CPR), not the Family Procedure Rules 2010, SI 2010/2955.

CPR 32.10 provides that if a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.

However the CPR allows the parties to agree a limited extension of time for serving a witness statement. CPR 3.8(3) and (4) provide as follows:

'(3) Where a rule, practice direction or court order—

(a) requires a party to do something within

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