AGREEMENT TO EXTEND TIME – THE NEW RULES

AGREEMENT TO EXTEND TIME – THE NEW RULES

From 5th June 2014 the Civil Procedure Rules 1998 are amended by virtue of a statutory instrument.
The Civil Procedure (Amendment No 5) 2014 allows the parties to litigation to reinstate the ability to extend time that the Jackson Report never intended to take away.
“The Amendments to the Civil Procedure Rules 1998

3. In rule 3.8—
(a) in paragraph (3)(b), after “agreement between the parties” insert “except as provided in
paragraph (4)”;
(b) after paragraph (3) insert—
“(4) In the circumstances referred to in paragraph (3) and unless the court orders
otherwise, the time for doing the act in question may be extended by prior written
agreement of the parties for up to a maximum of 28 days, provided always that any such
extension does not put at risk any hearing date.”

Lord Jackson supported the change when confirming that it was never part of his recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings. Nor was it any part of his recommendations that the court should refuse to grant reasonable extensions of time in those circumstances.

A good day for common sense