June 5, 2014

The new 28 day buffer rule

A new 28 day buffer rule, in force from 5 June, allows parties to agree up to 28 day time extensions without having to seek the Court’s permission and will provide considerable comfort to litigants concerned about the zero tolerance approach brought in by the Court of Appeal in Mitchell.

This development will no doubt trigger a collective sigh of relief for all those parties involved in court proceedings having to comply with court timetables for completing various steps such as disclosure or witness statements. The zero tolerance approach ushered in by the decision of the Court of Appeal in Mitchell has led litigants to understand that even the slightest breach of a deadline e.g. by as little as an hour, could risk the party being sanctioned by the Court.

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