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Update on court deadlines – Agreeing with the other side does not excuse compliance

January 30, 2014

Delivering judgment in Lloyd & Sons v PPC International [2014] EWHC 41 (QB), Turner J has made it clear that parties must adhere strictly to deadlines imposed by the court. A party should not treat “an order of the court as if compliance were an optional indulgence”. A last minute agreement between the parties will not excuse compliance.

The claimant failed to file or serve any witness statements and it should have applied for a time extension as soon as practicable and promptly. The delay was for three months and without good reason.

Also, the Claimant did not attend a hearing on the assumption that the parties had agreed draft directions and the court order would be the same or similar. This was a dangerous assumption. Turner J stated that courts needed to be “pro-active”.

You have been warned –again.

Keith Hardington  

kh@walkerfoster.com 01756 700200

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