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common sense awakens from its slumber in a post Mitchell world

13 February 2014

Draft Orders from Master Cook now include the following wording (which has been approved by the Master of the Rolls and the President of the Queen’s Bench Division):

“The parties may, by prior agreement in writing, extend the time for directions, in the Order dated xxxxxx, by up to 28 days and without the need to apply to Court. Beyond that 28 day period, any agreed extension of time must be submitted to the Court by email including a brief explanation of the reasons, confirmation that it will not prejudice any hearing date and with a draft Consent Order in word format. The Court will then consider whether a formal Application and Hearing is necessary.”

This new wording is an attempt to reduce extensions of time applications which have wholly unsurprisingly created huge backlogs for courts.

We anticipate that this wording will begin to rapidly appear in all parties’ proposed directions lodged with Directions Questionnaires.

Like the Kraken, common sense is awakening from its slumber in this post Mitchell world!

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