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in good time

17 April 2014

A High Court judge has given further guidance as to the extent of the Mitchell judgment. In the case of Guidezone Limited v Kenena and 5 others, the Court was faced with the situation where a defence was due to be served by 14th February 2014 and a few days beforehand the defendants had asked for an extension of time making an application to the Court on 11th February.

At the hearing the claimant submitted that the Mitchell considerations should come into play. The judge took a different view saying that applications made in time should be dealt with in accordance with Part 3 of the CPR and the “overriding objective”. He said that to hold otherwise would effectively set “trip wires” and that had not been the intention of the Jackson reforms. As a result he granted the extension of time for serving the defence. As an aside he also encouraged parties to deal with reasonable requests in a co-operative fashion.

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