When is the deadline for court extension of the period in which to take control of goods?
The catalogue records a 12 months period from Expiry of the reg 9(1) period. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 12 months
- Trigger
- Expiry of the reg 9(1) period
- Counting
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- Discretionary and expressly capped. ONE OCCASION ONLY (reg 9(4)(b)), and only on the application of the enforcement agent or creditor, and only if the court is satisfied there were reasonable grounds for not having taken control in time. CPR 84.5(1)(a) requires the application to be accompanied by a witness statement that no previous application under reg 9(4) has been made, plus the applicant's grounds under CPR 84.5(1)(b). Never compute a second extension.
- Start date rule: CPR 84.5(2) provides that if the application is made before expiry of the reg 9(1) period and the court orders the extension, 'the period of extension will start on the day after the expiry of the period specified in regulation 9(1), or on such later day as the court may order.' Following an extension the applicant must serve the order on the debtor and on the