- A cautionary tale of bank holidays, time limits and infelicitous drafting (Evans v Pinsent Masons LLP)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This case is a reminder of the importance of calculating time periods under the Civil Procedure Rules 1998 (CPR) correctly, as well as of the consequences of inaccuracies in witness statements and correspondence with the court. An application was made to the High Court to reconsider an order granting relief from sanctions against a background of an out of time request for an oral hearing to renew an application for permission to appeal against an order of a costs judge. The court refused relief from sanction and refused to extend time, on the grounds that the evidence provided by the solicitors was unsatisfactory and raised a suspicion that solicitors had misled the court. This case highlights when bank holidays can be correctly excluded from time computation. It also underlines the importance of accuracy in communications with the court, and the importance of copying the other side in correspondence with the court. Written by Angharad Parry, barrister at Twenty Essex.
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