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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.

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