Q&As

When an extension of time to file a witness statement has been agreed, can the other party get a further extension of time?

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Published on LexisPSL on 11/05/2018

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

  • When an extension of time to file a witness statement has been agreed, can the other party get a further extension of time?

When an extension of time to file a witness statement has been agreed, can the other party get a further extension of time?

CPR 3.8(4) provides:

‘In the circumstances referred to in paragraph (3) and unless the court orders otherwise, the time for doing the act in question may be extended by prior written agreement of the parties for up to a maximum of 28 days, provided always that any such extension does not put at risk any hearing date.’

Based on this provision, parties may agree to an extension of time up to a maximum of 28 days from the date of service of the witness statement, subject to the need to avoid risking any hearing date. There is no express exclusion of multiple extensions of time so it would seem that the parties are entitled to agree to any number of extensions up to a maximum of 28 days, provided they are otherwise made in accordance with the CPR, in particular CPR 3.8(4).

For further information, see Practice Note: Agreements to extend time—buffer agreements.

A party should carefully consider whether they agree to a request for an extension of time to serve a witness statement, whether it is an initial or subsequent request. Much of the decision will be based on the circumstances. For instance, any impact on the court timetable will be of paramount importance, as

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