Defendant requesting extra time

[lmm80]

I have brought a complaint against my former University for aspects of course provision and a poorly complaint's system, and sought my tuition fees. This has dragged on since November 2019, and I've filed a claim. The University legal representative did not try to engage with the substantive matters in the Letter Before Claim, but instead sought to assert that it was an abuse of process not to have used third-party arbitration with the OIAHE. I refuted this, and invited them to settle. The legal representative acknowledged that the complaint ('as a good will gesture'!) could go back to the University complaints' team, though nothing was done. Two months later, the University has passed my claim to a solicitor's firm. The firm suggests it's a complex case that shouldn't be going to the MCOL (another abuse of claim suggestion), but then contacted me to ask if I would "kindly" agree to a 28-day extension under CPR 15.5 so they could properly file a defence. They have only until Monday, as it stands. I'm really curious about whether it would be ill-advised not to grant this? The University has had all the time in the world, and waited 18 months before even sending it to their in-house solicitor. It was their decision to send the claim to a solicitor with no knowledge of the case. I owe them nothing; but, equally, I don't want to be frowned upon by a judge hearing the case. For the absence of doubt, the complexity was well-known to the University, who could deal with it themselves, and I have single-handedly dealt with the matter myself - and I am no solicitor.

Any help would be marvellous! Thank you!

[R0b]

Hello

Whether you are willing to grant an extension of time is completely down to you. If you are going to refuse an extension of time then you should really explain why you are not prepared to agree. It seems that based on what you have described, the defendant has been dithering around and only instructed external lawyers at the last minute.

Assuming you issued the claim, and the university acknowledged it, they would have had 33 days to file a defence from the date of the claim being issued. So what exactly have they been doing all this time? CPR 15.5 was intended to allow the parties to agree an extension without needing to go to court all the time and take up precious court resources that could be better allocated elsewhere. That does not mean, however that just because one side asks for an extension doesn't automatically mean they should be entitled to it. Agreeing an extension of 28 days would mean they would have had up to 61 days which for most claims is too long. Absence a genuine reason why they need such a long time - and instructing solicitors at the last minute is not really an acceptable excuse when it could have been done immediately - it may not be unreasonable for you to refuse any kind of extension.

That would mean they either file a defence or make an application to the court for an extension of time and I would expect them to ask the court to order you to pay their costs if successful. You would need to argue why not i.e. the reasons above and on some occasions the courts have accepted that laziness or poor conduct of the claim should not warrant a costs order against the other party even if an extension is granted. Bear in mind, the university would have to provide evidence why it needs an extension and why your refusal was unreasonable - something they may not be able to prove without admitting their lack of time management.

You may want to consider compromising by setting out your reasons to refuse a 28 day extension, but then offer a much shorter extension of something like 7 days. Any agreed extension under CPR 15.5. must be notified to the court and this can be done by email. I would suggest that if they want to take up the 7 day extension, they email the court with you on copy confirming the parties agree to a 7 day extension, failure to do so will mean you will make a request for default judgment if no defence is filed by 4pm Monday (if that is the deadline).

That's just my opinion but the decision is up to you on how you want to approach it, as there's always a risk of additional costs (but not guaranteed) when you engage in legal proceedings depending on how you respond.

[lmm80]

That's really very helpful. Thank you very much. I have declined to grant the extension, giving full and frank reasons that I think would be of interest to the court should the defendant seek their jurisdiction for gaining an extension. It'll be interesting to see if they come back with a compromise solution. The whole situation has been characterised by their dithering. Thanks again.