Q&As

Where the parties have agreed a buffer agreement pursuant to CPR 3.8 and the time agreed under that agreement has passed and the court’s permission has been received for a further extension are the parties able to enter into another buffer agreement by way of amendment to that court order? The court order does not refer to any specified consequences of a failure to comply.

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Produced in partnership with James Tunley of Lamb Chambers
Published on LexisPSL on 29/03/2019

The following Dispute Resolution Q&A produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Where the parties have agreed a buffer agreement pursuant to CPR 3.8 and the time agreed under that agreement has passed and the court’s permission has been received for a further extension are the parties able to enter into another buffer agreement by way of amendment to that court order? The court order does not refer to any specified consequences of a failure to comply.
  • Buffer agreements under CPR 3.8
  • Extensions beyond 28 days
  • Extending the extension

Where the parties have agreed a buffer agreement pursuant to CPR 3.8 and the time agreed under that agreement has passed and the court’s permission has been received for a further extension are the parties able to enter into another buffer agreement by way of amendment to that court order? The court order does not refer to any specified consequences of a failure to comply.

Buffer agreements under CPR 3.8

CPR 3.8(3) and (4) allow parties to extend, by prior written agreement, the time for doing an act that is required by a rule, practice direction or court order where there is a specified consequence for a failure to comply. The maximum period of the extension is 28 days. For example, parties would be able to agree to extend the time for serving witness statements, the consequence for failing to do so being that the witness may not be called to give oral evidence without the court’s permission.

The important caveat in CPR 3.8(4) is that the extension must not put at risk any hearing date.

Extensions beyond 28 days

If the time for doing the act is to be extended past the 28–day period, then it becomes a matter for the court and the parties cannot agree it between themselves (although it would not prevent the parties from agreeing a consent order, which would then be subject to

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