On 1st April, we wrote an article about how litigation practices and processes were adapting as a consequence of the coronavirus. One of the items mentioned in this article was how the Courts were beginning to show more flexibility when it comes to compliance with timescales.
A longer extension of time for compliance with Court deadlines
This flexibility has now been codified in the Civil Procedure Rules. As of 2nd April, through Practice Direction 51ZA (PD51ZA) to the CPR, there is now provision for parties to agree longer extensions of time for compliance with Court deadlines, without seeking the Court’s permission. PD51ZA allows parties to agree extensions of time between themselves (and so without the costs of making an application to Court) of up to 56 days.
This is a significant increase from the previous rules, which allowed extensions by agreement of up to 28 days only.
Furthermore, PD51ZA makes it clear that the Court, if an application for an extension of time is made (and which will now be necessary if an extension of time beyond 56 days is required, or one of the parties does not agree to an extension of time requested by their opponent), will take into account the effect of the coronavirus pandemic when deciding whether to grant the extension requested.
How can Nelsons help?
Emma Ward is a Partner in our Dispute Resolution team.
For more information on the subjects discussed in this article, please contact Emma or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.