When is the deadline for respondent's objection to an extension of time for the appellant's notice?
The catalogue records a 7 days period from Service on the respondent of an appellant's notice containing an extension application, but only where permission to appeal has already been given or is not required (PD52C para 4(3) opening words). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- Service on the respondent of an appellant's notice containing an extension application, but only where permission to appeal has already been given or is not required (PD52C para 4(3) opening words)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- A case-management step; the court may extend under r.3.1(2)(a) and PD52C para 2 lets court directions prevail over the PD. But there is a costs sanction pointing the other way: PD52C para 4(3)(b) provides that "A respondent who unreasonably opposes an application for an extension of time may be ordered to pay the costs of the application."
- Only arises where the appellant's notice is filed out of time and carries an extension application under PD52C para 4(1). PD52C para 4(3)(c): "An application for an extension of time will normally be determined without a hearing unless the court directs otherwise", so the written objection is usually the respondent's only opportunity to be heard. Corrected on verification: Peri