Bank Notes

E - Extension of time

15/5/20

THE PUBLIC INSTITUTION FOR SOCIAL SECURITY v AMOUZEGAR [2020] EWHC 1220 (Comm)

Summarises principles to be applied on applications to extend time for service of a claim form under CPR 7.6(2) including where extending time may deprive the defendant of an arguable limitation defence [73].

11/5/20

ORAN ENVIRON MENTAL SOLUTIONS LTD v QBE INSURANCE (EUROPE) LTD [2020] EWHC 1271 (Comm)

The court interpreted a consent order allowing an extension of time to “serve” a claim form by a specific time and date as requiring the claim form to be served in the sense of taking the step required by CPR r 7.5 (in this case posting) rather than requiring it to be physically served on the defendants. Had physical service been required, the court would not have retrospectively extended time under CPR r 7.6 because it could not be said the claimant had taken all reasonable steps to comply with CPR r 7.5 but had been unable to do so.

17/4/20

MUNICIPIO DE MARIANA v BHP GROUP PLC [2020] EWHC 928 (TCC)

Considers principles to be applied to applications to extend time to serve evidence and loss of a trial date in light of the impact of the COVID-19 pandemic on preparation. There is to be rigorous examination of the possibility of a remote hearing and of the ways in which such a hearing could be achieved consistent with justice before the court should accept that a just determination cannot be achieved in such a hearing [24].

15/4/14

KANERIA v KANERIA (RE GUIDEZONE LTD) [2014] EWHC 1165 (Ch)

A application for an extension of a time limit made before the time limit expired should be determined having regard to the overriding objective, not by applying the guidelines in Mitchell v News Group.

7/6/13

SMAILES v McNALLY [2013] EWHC 1562 (Ch)

An extension of time for disclosure was granted even after four previous extensions. The respondents had suffered no significant prejudice and refusal of the extension would have been disproportionate. Although a more strict approach to case management was appropriate after 1 April 2013, unreasonable opposition to extensions of time should not be encouraged.