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Application for an extension of time to submit ET3
Application to extend the time to submit the ET3 and Grounds of Resistance
The advice on when an extension will be granted, and the relevant applications you can make, depends on the stage of the proceedings and whether a deadline has already been missed. The sources provide specific details regarding applications to extend the time for submitting the Response (ET3) and general advice regarding applications for relief from sanction following non-compliance.
I. Application to Extend Time to Present the Response (ET3)
The most specific application detailed in the sources relates to the time limit for the respondent to present its formal response (ET3).
A. The Application We Can Make
A respondent can apply for an extension of time to present its ET3. This application can be made either before or after the original 28-day deadline has expired.
Procedural Requirements for the Application:
It must be in writing.
It must be copied to the claimant.
It must clearly state the reason why the extension is being sought.
It should specify if the respondent wishes to request a hearing.
It must comply with the general requirements of an application set out in Rule 31 of the ET Rules 2024.
If the 28-day deadline has passed, the application must also include:
A draft of the response the respondent wishes to present; OR
An explanation of why it is not possible to attach a draft response.
You must advise the claimant that if they oppose the application, they should submit their written reasons to the tribunal within seven days of receiving a copy of your application. Applications can often be submitted through the MyHMCTS portal if you are represented by a lawyer.
B. When the Extension Will Be Granted (Criteria)
To maximise the chance of the extension being granted, the application must demonstrate compelling reasons and adherence to the overriding objective:
Specific Reasons for Delay
You must clearly state the specific reasons why the respondent was unable to comply with the 28-day time limit.
Overriding Objective
You must argue why, in the stated circumstances, it would be in accordance with the overriding objective for the tribunal to grant the extension of time.
Time Requested
You must specify the amount of time required and request that the time limit for presentation of the response be extended to a specific date.
II. Applications for Relief from Sanction (General Extensions Post-Default)
Suppose a deadline has been missed and a sanction—such as the automatic dismissal or strike-out of the claim or response following failure to comply with an "unless order"—has already occurred. In that case, the application you need to make is one for the dismissal to be set aside (relief from sanction).
A. The Application We Can Make
If a claim or response has been dismissed for non-compliance with an unless order, the party in default must apply in writing for the dismissal to be set aside. This application must be received by the tribunal within 14 days of the date the notice confirming the dismissal was sent out.
B. When Relief/Extension Will Be Granted (Criteria)
The tribunal will grant this relief only if it is satisfied that it is in the interests of justice to set the unless order aside. The factors considered when assessing the "interests of justice" include:
The reason why the party failed to comply with the order focuses on whether the non-compliance was deliberate.
The seriousness of the default and the magnitude of the non-compliance.
Whether the automatic sanction (strike-out) is proportionate to the breach.
The extent of prejudice caused to the other party due to the delay or non-compliance.
Whether a fair trial remains possible despite the non-compliance.
Suppose the application relates to an extension or adjournment needed before a sanction has been imposed. In that case, the tribunal will still consider whether a fair trial is still possible and whether a lesser remedy (like an adjournment and costs orders) would be appropriate instead of an immediate strike-out.
Application to extend the time to submit the ET3 and Grounds of Resistance
The advice on when an extension will be granted, and the relevant applications you can make, depends on the stage of the proceedings and whether a deadline has already been missed. The sources provide specific details regarding applications to extend the time for submitting the Response (ET3) and general advice regarding applications for relief from sanction following non-compliance.
I. Application to Extend Time to Present the Response (ET3)
The most specific application detailed in the sources relates to the time limit for the respondent to present its formal response (ET3).
A. The Application We Can Make
A respondent can apply for an extension of time to present its ET3. This application can be made either before or after the original 28-day deadline has expired.
Procedural Requirements for the Application:
It must be in writing.
It must be copied to the claimant.
It must clearly state the reason why the extension is being sought.
It should specify if the respondent wishes to request a hearing.
It must comply with the general requirements of an application set out in Rule 31 of the ET Rules 2024.
If the 28-day deadline has passed, the application must also include:
A draft of the response the respondent wishes to present; OR
An explanation of why it is not possible to attach a draft response.
You must advise the claimant that if they oppose the application, they should submit their written reasons to the tribunal within seven days of receiving a copy of your application. Applications can often be submitted through the MyHMCTS portal if you are represented by a lawyer.
B. When the Extension Will Be Granted (Criteria)
To maximise the chance of the extension being granted, the application must demonstrate compelling reasons and adherence to the overriding objective:
Specific Reasons for Delay
You must clearly state the specific reasons why the respondent was unable to comply with the 28-day time limit.
Overriding Objective
You must argue why, in the stated circumstances, it would be in accordance with the overriding objective for the tribunal to grant the extension of time.
Time Requested
You must specify the amount of time required and request that the time limit for presentation of the response be extended to a specific date.
II. Applications for Relief from Sanction (General Extensions Post-Default)
Suppose a deadline has been missed and a sanction—such as the automatic dismissal or strike-out of the claim or response following failure to comply with an "unless order"—has already occurred. In that case, the application you need to make is one for the dismissal to be set aside (relief from sanction).
A. The Application We Can Make
If a claim or response has been dismissed for non-compliance with an unless order, the party in default must apply in writing for the dismissal to be set aside. This application must be received by the tribunal within 14 days of the date the notice confirming the dismissal was sent out.
B. When Relief/Extension Will Be Granted (Criteria)
The tribunal will grant this relief only if it is satisfied that it is in the interests of justice to set the unless order aside. The factors considered when assessing the "interests of justice" include:
The reason why the party failed to comply with the order focuses on whether the non-compliance was deliberate.
The seriousness of the default and the magnitude of the non-compliance.
Whether the automatic sanction (strike-out) is proportionate to the breach.
The extent of prejudice caused to the other party due to the delay or non-compliance.
Whether a fair trial remains possible despite the non-compliance.
Suppose the application relates to an extension or adjournment needed before a sanction has been imposed. In that case, the tribunal will still consider whether a fair trial is still possible and whether a lesser remedy (like an adjournment and costs orders) would be appropriate instead of an immediate strike-out.