England and Wales · Arbitration and court procedure
What period and facts govern evidence opposing late challenge in England and Wales?
Within 7 days after service under CPR 62.9(3)(b). This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
- Period
- Within 7 days after service under CPR 62.9(3)(b)
- Trigger
- Service of the arbitration claim form containing the late extension application
- Rule
- CPR 62.9
This evidence opposing late challenge guide uses the retained current Justice UK CPR 62.9 text. Actual case orders and specialist-court directions must be checked. Where the underlying claim challenges an award, establish the 2025 Act transition and the source-supported section 70 applicable date separately.
Source guide · No automated date
Check the applicable procedure
CPR 62.9. Within 7 days after service under CPR 62.9(3)(b). This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate. Establish the actual actor, event, agreed regime, court order and completion facts before relying on a final endpoint. This source guide provides no computed or paid date.
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What period and facts govern evidence opposing late challenge in England and Wales?
Within 7 days after service under CPR 62.9(3)(b). This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
Responsible actor. A defendant electing to oppose an out-of-time extension.
Service of the arbitration claim form containing the late extension application
This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
A defendant electing to oppose an out-of-time extension. Within 7 days after service under CPR 62.9(3)(b). This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
CPR 62.9How does this provision count time?
- Within 7 days after service under CPR 62.9(3)(b)
- File written evidence opposing the extension.
- This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
For evidence opposing late challenge, section 80(4) and (5) separates court issue from service and applies court counting rules to statutory court time limits. CPR 2.8 computes day periods as clear days and omits specified nonworking days only for periods of five days or less.
For evidence opposing late challenge, CPR 2.8(5) addresses an act at a court office whose final day is a closure day. It does not automatically move service on another party, erase required intervening clear days, or lift the enforcement restriction. This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
CPR 62.9Which facts prevent one automatic date?
CPR 62.9. Within 7 days after service under CPR 62.9(3)(b). This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate. Establish the actual actor, event, agreed regime, court order and completion facts before relying on a final endpoint. This source guide provides no computed or paid date.
A defendant electing to oppose an out-of-time extension has records establishing service of the arbitration claim form containing the late extension application. Within 7 days after service under CPR 62.9(3)(b). File written evidence opposing the extension. This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate. Establish all source facts before choosing a final date.
The proposed compliance period for evidence opposing late challenge meets a weekend, holiday or court-office closure. For evidence opposing late challenge, section 80(4) and (5) separates court issue from service and applies court counting rules to statutory court time limits. CPR 2.8 computes day periods as clear days and omits specified nonworking days only for periods of five days or less. For evidence opposing late challenge, CPR 2.8(5) addresses an act at a court office whose final day is a closure day. It does not automatically move service on another party, erase required intervening clear days, or lift the enforcement restriction. This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate. Apply the actual counting regime to the particular act. Do not infer a uniform next-working-day extension.
This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate. Within 7 days after service under CPR 62.9(3)(b). The actual branch facts are not established by the raw catalog period. File written evidence opposing the extension. Establish the material facts or follow the actual order; this guide supplies no automatic date.
Which conditions and exceptions apply?
- Actual actor and completed procedural act
- A defendant electing to oppose an out-of-time extension. File written evidence opposing the extension.
- Controlling event and applicable agreement or order
- Service of the arbitration claim form containing the late extension application. This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
- Source-specific counting and completion place
- For evidence opposing late challenge, section 80(4) and (5) separates court issue from service and applies court counting rules to statutory court time limits. CPR 2.8 computes day periods as clear days and omits specified nonworking days only for periods of five days or less. For evidence opposing late challenge, CPR 2.8(5) addresses an act at a court office whose final day is a closure day. It does not automatically move service on another party, erase required intervening clear days, or lift the enforcement restriction. This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
- A defendant electing to oppose an out-of-time extension. Within 7 days after service under CPR 62.9(3)(b). This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
- Evidence opposing late challenge concerns a defendant electing to oppose an out-of-time extension and file written evidence opposing the extension. This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate. Evidence after challenge extension addresses a separate procedural question and cannot establish this actor’s completed step.
What must the responsible actor complete?
Questions about this procedure
What period and facts govern evidence opposing late challenge in England and Wales?
What period applies to evidence opposing late challenge?
Within 7 days after service under CPR 62.9(3)(b). This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
CPR 62.9Which actual event controls evidence opposing late challenge?
Service of the arbitration claim form containing the late extension application. A defendant electing to oppose an out-of-time extension must establish that event from the actual request, award, service or court records.
CPR 62.9What act completes evidence opposing late challenge?
File written evidence opposing the extension. This opportunity follows an application after the 28-day period expired; the initial extension application and actual grant remain separate.
CPR 62.9Does this 7-day opportunity apply before the challenge period expires?
Subsection (3) specifically addresses applications after the 28-day period has expired. Before expiry subsection (2) allows a without-notice application.
CPR 62.9Where must the late extension request appear?
CPR 62.9(3)(a) requires it in the arbitration claim form with its grounds. PD62 paragraph 11.1 requires a separately identified part.
PD 62 paragraph 11.1Does opposing evidence itself restart acknowledgment time?
No. CPR 62.9(3)(c) ties the restarted acknowledgment and evidence clocks to service of an actual court order extending the period.
CPR 62.9Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| CPR 62.9 | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8 | Check the identified procedure, event, counting rule or qualification |
| PD 62 paragraph 11.1 | Check the identified procedure, event, counting rule or qualification |