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06 June 2014
Issue: 7609 / Categories: Features , Civil way , Procedure & practice
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Civil way: 6 June 2014

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Agreeing extensions, save ££££££s online & consumers growing stronger

THE M WORD

You know the M word and it’s not Marmalade or Magnesium. We shall try to keep our promise and not mention it again or too often. This will be a challenge as we appraise you of the Civil Procedure (Amendment No 5) Rules 2014 (SI 2014/1233) which came into force yesterday, 5 June 2014, without any transitional provisions.

Now MA Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 QB, [2014] (D) 130 (Jan) (see “Civil way”, NLJ, 21 March 2014, p18) in the wake of that M case focused attention on CPR 3.8. This scuppers any effective agreement between parties to extend time for compliance with a direction or court order which carries a sanction for non-compliance. The application for an extension has had to be made to the court although it has been open to the non-defaulting party to state it will not oppose an extension subject to the court’s blessing. Lloyd & Sons has led to

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The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
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NLJ this week: Employment law’s four-point check
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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