Applications For Extensions Of Time Before Time Limit Expires Are Not Applications For Relief From Sanctions

Hallam Estates & Anor v Baker (2014)

This Court of Appeal decision helpfully clarifies that applications for extensions of time made before the relevant deadline expires, even if the hearing of the application occurs after the deadline expires, need not be treated as though they are applications for relief from sanctions. The decision also emphasises that legal representatives have a duty to agree to reasonable extensions of time which neither imperil future hearing dates nor otherwise disrupt the conduct of the litigation. Moreover, courts are advised not to refuse to grant reasonable extensions of time.

The claimants (Hallam) applied for a time extension following the defendant (Baker) refusing to agree one. The application was made on the day the deadline expired, but was not stamped by court staff until a day later. The extension was granted and Baker unsuccessfully applied for that order to be set aside. On appeal, the court found that Hallam's application had