C1PART 3THE COURT'S CASE F1AND COSTS MANAGEMENT POWERS
Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
F2SECTION I Case Management
Pt. 3 Section 1 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(c) (with rule 22)
Sanctions have effect unless defaulting party obtains reliefI13.8
1
Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.
(Rule 3.9 sets out the circumstances which the court F3will consider on an application to grant relief from a sanction)
2
Where the sanction is the payment of costs, the party in default may only obtain relief by appealing against the order for costs.
3
Where a rule, practice direction or court order—
a
requires a party to do something within a specified time, and
b
specifies the consequence of failure to comply,
the time for doing the act in question may not be extended by agreement between the parties F4except as provided in paragraph (4).
F54
In the circumstances referred to in paragraph (3) and unless the court orders otherwise, the time for doing the act in question may be extended by prior written agreement of the parties for up to a maximum of 28 days, provided always that any such extension does not put at risk any hearing date
Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)