Interim application for extension of time to serve claim form

[heisenberg]

Dear all,

Can anyone kindly provide me with an idea of how to apply for an extension of time to serve the claim form, particular the following:

1) Do I need to draft an Order?
2) Does the interim application need to be 'without notice'?
3) Is there any kind of template on this site?

Essentially, I have proceedings issued in circumstances where the other side deliberately flouted the pre-action protocol (they didn't respond to my letter before claim at all, thus leaving me no choice but to litigate). I proceeded to issue proceedings in respect to one claim, whilst issuing protective proceedings in regards to other potential claims. The thinking was I would be in a better position to assess the other potential claims once in receipt of the Defence in respect to the first claim.

The other side has since repeatedly asked for extensions to be agreed in terms of the deadline for the filing and serving of the Defence, which on the face if it is to obtain a tactical advantage, albeit in part, and this is now placing me in a difficult position, not least because I am struggling to assess whether to serve other claims which arise from the same or similar facts.

Any input would be invaluable.

[EnglandPi]

I appreciate you don’t want to post the entire proceedings here but your post raises more questions than answers. Maybe you could be more precise in the detail so I can get a better understanding as to what you’re actually talking about.

[heisenberg]

I appreciate you don’t want to post the entire proceedings here but your post raises more questions than answers. Maybe you could be more precise in the detail so I can get a better understanding as to what you’re actually talking about.

Thanks for the reply.

I think I've found the answers to the questions:

1) No, not as a litigant in person.
2) Yes.
3) No.

Essentially, I have been deliberately left in the dark as to the facts and potential arguments relating to the potential claims. I don't feel I currently have enough information as to the reasonable prospects of success of other potential claims (protected proceedings). Once I have a Defence in respect to the existing proceedings then I may be able to better assess the reasonable prospects of success of other potential claims (protected proceedings).

I also understand the parties may agree to suspend time after issue and before service pursuant to CPR 2.11. I've asked the other side for this agreement, but they have also deliberately failed to respond in the requested time, so it looks like I've got no choice but to make an Application to protect my position.