Chancery Division: agreed extensions of time and sealing Tomlin Orders

21 Aug 2015 | 4 min read
rcj2The Chancery Division issued an Information Note dated 20 July 2015 which took effect immediately, covering:
  • extending time limits for procedural steps by agreement without reference to the court under Rule 2.11 of the CPR;
  • extension of time for stays for alternative dispute resolution (‘ADR’) by agreement without reference to the court under Rule 40.6 and Practice Direction 40B, para 3.1 of the CPR;
  • extending certain deadlines set out in Form N149C (the Notice of Proposed Allocation to the multi-track) (with an associated amendment to the Guidance Note accompanying Form N149C); and
  • sealing Tomlin Orders relating to money claims.

Extending time limits by agreement

The provisions of CPR 2.11 (which enables parties to extend certain time limits without the need for a court order) are to be incorporated into the standard form of order and draft case management directions in the Chancery Division by means of this new paragraph:

'The parties may, where CPR rule 2.11 applies, agree to extend any time period to which the proceedings may be subject for a period or periods of up to 28 days in total without reference to the court, provided that this does not affect the date given for any case or costs management conference or pre-trial review or the date of the trial. The parties shall notify the court in writing of the expiry date of any such extension.'

Until such incorporation, this paragraph may be added to any draft directions being proposed to the court.

For further guidance on orders and case management directions in the Chancery Division, LexisPSL Dispute Resolution subscribers can see:

Agreed extensions of time for ADR

The provisions of CPR 40.6 and CPR PD 40B, para 3.1 are to be incorporated into the standard form of order for a stay in the Chancery Division by means of these two new paragraphs:

 

'the parties may agree to extend the stay for periods not exceeding a total of three months from the date of this order without reference to the Court and shall notify the Court in writing of the expiry date of any such extension. Any request for a further extension after three months must be referred to the Court.

Any party has permission to apply in relation to the extension.'

For further guidance on stays for the purpose of ADR, LexisPSL Dispute Resolution subscribers can see Practice Note: When can you apply to stay a claim? Click here for a free trial.

Agreed extensions of time for certain directions within Form N149C—Notice of proposed allocation to the multi-track

Since 20 July 2015, parties proceeding in the Chancery Division may:

  • by agreement
  • extend the deadlines stipulated within Form N149C (namely the notice of proposed allocation in the multi-track) for:
    • directions questionnaires
    • draft directions
    • disclosure reports
    • lists of issues
    • costs budgets
  • by a total of 28 days
  • without reference to the court

Note:

  1. the parties must notify the court, in writing, of the expiry date of any such extension
  2. given the need to file all these documents at the same time (see 'Important Notes' within the Guidance Note accompanying Form N149C), it seems an extension of time sought or agreed in relation to only one or a few of these documents will apply to them all

For further guidance, LexisPSL Dispute Resolution subscribers can see Practice Note: Directions questionnairesClick here for a free trial.

Tomlin Orders in money claims

Since 20 July 2015, Tomlin Orders in the Chancery Division dealing solely with claims for money (ie debt or damages, including any interest and costs) and where no other relief has been sought, may be sealed by the clerk without reference to the Master.

Solicitors for the parties must include the following wording with the request for any such order:

'We certify that the only relief sought in this claim/counterclaim is the payment of money including any interest and costs, and that no ancillary relief has been sought at any stage.'

Note:

  • this statement will be relied on by the clerk
  • confidential schedules to Tomlin Orders are no longer accepted by the Chancery Division
  • the process 'will be subject to strict criteria to protect the parties and ensure that no incorrect forms of order are sealed'

For further guidance LexisPSL Dispute Resolution subscribers can see our Practice Notes: Tomlin Orders ,  Chancery Division orders — Tomlin orders and Precedent: Tomlin orderClick here for a free trial.

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