Q&As

Where the parties have failed to agree a two-week extension of time for the exchange of witness statements (requested by the other party three hours before the deadline and by a party that has repeatedly failed to comply with deadlines), what considerations will the court likely to take into account when deciding whether to grant an application for an extension of time for the service of a witness statement? The other party has not made an application for relief from sanctions.

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Published on LexisPSL on 12/07/2017

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

  • Where the parties have failed to agree a two-week extension of time for the exchange of witness statements (requested by the other party three hours before the deadline and by a party that has repeatedly failed to comply with deadlines), what considerations will the court likely to take into account when deciding whether to grant an application for an extension of time for the service of a witness statement? The other party has not made an application for relief from sanctions.
  • Witness evidence and extensions of time
  • Failure to serve witness evidence in time
  • The courts’ approach
  • Recent court decisions on applications for extensions of time and relief from sanction

Where the parties have failed to agree a two-week extension of time for the exchange of witness statements (requested by the other party three hours before the deadline and by a party that has repeatedly failed to comply with deadlines), what considerations will the court likely to take into account when deciding whether to grant an application for an extension of time for the service of a witness statement? The other party has not made an application for relief from sanctions.

In answering this Q&A, we have limited our research to cover a situation where the other party has failed to comply with time limits set by a rule or practice direction under the CPR, or court order.

Witness evidence and extensions of time

As you will be aware, if a party wishes to rely on witness evidence, it must be set out in a witness statement, which must be served within the time specified by the court. CPR 32.10 provides:

‘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’

Furthermore, under CPR 3.8(1):

‘Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply

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