0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

guidance on Jackson’s strict approach to non-compliance

14 May 2014

The judgment of the Court of Appeal in Mitchell together with further decisions relating to how breaches of the Rules, Practice Directions and Orders ought to be dealt with led to some uncertainty as to how parties to litigation ought to proceed when it becomes clear that deadlines cannot be complied with.

Guidance has now been given in the form of a Statutory Instrument, which comes into effect on 5 June 2014. Parties will now be able to agree to an extension of time of up to 28 days without needing to apply to the court. However this is on the basis that the parties need to agree the extension before the time for compliance has expired and that the extension does not affect any hearing date.

Hopefully this guidance will inject some pragmatism into the process and decrease the amount of satellite litigation arising out of this section of the Rules.

related opinions

Moratoriums

The new Part A1 moratorium was introduced partly in response to the Covid-19 pandemic and its impact on businesses. The moratorium is not intended to be used to simply delay the inevitable insolvency of a company, but rather to allow breathing space for that company to restructure and/or achieve an effective rescue.

View blog

Covid-19 insolvency measures extension

From 26 March 2021 the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 will come into force with the effect of extending several of the temporary measures brought in by the Corporate Insolvency and Governance Act 2020 (CIGA).

View blog

Covid, claims and the courts

The Ministry of Justice has recently released its civil justice statistics for the period October to December 2020. These statistics show an overall significant downward trend in claim activity compared to pre-Covid times.

View blog

Digitisation of Civil Claims and the Online Court - Is Covid-19 set to accelerate the reforms?

In 2016, Lord Justice Briggs set out his proposals for restructuring the civil courts and tribunals in England and Wales. The vision for modernising court services and creating the “Online Court” has seen the introduction of online platforms for civil claims in recent years but progress has been described as slow.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up