Following on from Master Cook’s standard paragraph in the Clinical Negligence (CN) Model Directions, this has now been extended to cover retrospective agreement, Part 36 offers and extensions in respect of witness statements.
I am reliably informed the text originates from the Masters’ Corridor and is being widely adopted by many courts. I have had it approved in 2 cases before CN Masters. My NHSLA panel solicitor opponents were unaware of its existence but will I’m sure now also adopt it.
Here is the text:
By agreement in writing referring to this paragraph of this Order and submitted to this Court, the Parties may (prospectively or retrospectively) extend time for compliance with a direction in this Order by up to 28 days and/or abridge time for acceptance of Part 36 offers without the need to apply to Court, provided that such extension does not jeopardise any hearing date. In any case where retrospective extension for service of statements is agreed, or in any other case where the extension is for a period beyond 28 days, agreed extensions of time must be submitted to the Court by email including a brief explanation of the reasons, confirmation that it will not prejudice any hearing date and with a draft Consent Order in Word format. The Court will then consider whether a formal application and hearing is necessary.