extension of time

[hesanmp]

hi

 

i have issued protective proceedings for a claim for negligence. time for issue of poc runs out in nov this year. i am just about to send letter of claim. it will therefore be impossible for the other side to issue their letter of response before poc. i therefore want to propose an extension of time for 1. their response to my claim and 2. for serving my poc. can this be done simply by correspondence between the parties or do applications have to be made to the court?

[BankFodder]

It is best to try and do everything by communicating directly with the other party and gaining their consent. In that case, the court will simply rubberstamp its approval.

 

Make sure you do everything in writing and get approval in writing.

 

If the other side won't consent – and frankly why should they? – then you will have to apply to the court.

[hesanmp]

thanks.

 

surely the other side would rather be seen to following the pre action protocol than not. i.e by not agreeing to additional time for letter of response then i would have no option but to issue poc??