Baker v Hallam Estates Ltd and another [2013] EWHC 2668 (QB), [2013] All ER (D) 40 (Sep)

Baker v Hallam Estates Ltd and another [2013] EWHC 2668 (QB), [2013] All ER (D) 40 (Sep)

It was well established that, where an application was made of any kind, there had to be open, honest and full disclosure of material facts so that a judge or master might make an informed decision. That was of enhanced importance when an application was made on an ex parte basis. Further, CPR 47.9(2) was of pellucid clarity. The period for serving the points of dispute was 21 days. There was no provision for extension within the rule itself. However, it was open to a party to apply under CPR 3.1(2) for extension of the 21-day time limit for serving points of dispute, and such an application could be made after that period had expired. If a party did not comply with a time limit by reason of a rule of court, the party had to apply for relief from sanction and an extension of time, providing there was always a sanction for non-compliance.