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 by a LexisNexis Dispute Resolution expert
Published on: 12 July 2017
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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

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Jurisdiction(s):
United Kingdom
Key definition:
Extension of time definition
What does Extension of time mean?

A mechanism by which a contractor requests a longer period than had been contractually agreed in order to complete the building works.

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