Guernsey Legal Resources

    If an advocate discovers that, for good reason, he is running out of time in which to fulfil a direction of the court, he should first ask the other side to agree to an extension of time. Rule 43(2) of the Royal Court Civil Rules 2007 allows the parties to agree to the variation of the dates for taking certain procedural steps without reference to the court. If the other side refuses, or if it is one of the situations specified in r.43(1) in which only the court can vary the date, the advocate should without delay apply to the court or ensure that he does everything possible to complete what needs to be done by the date ordered by the court. If he does not do so and allows the date to pass without complying, he throws himself on the mercy of the court and, to some extent, his opponent.

    Where it is necessary to apply to the court, however, it will give due consideration to any good explanation put forward. It endeavours to treat all such applications fairly and reasonably, recognizing that there are many valid reasons why parties or their advocates become unable to comply with time periods originally laid down with the best of intentions.