(Trinidad and Tobago) The respondent, a prisoner, had issued a claim for assault against a prison officer. The appellant failed to serve a defence. The court dismissed the application for judgment in default and extended the time to serve a defence. The claimant succeeded on appeal, and the defendant now appealed.
Held: ‘ a defence can be filed without the permission of the court after the time for filing has expired. If the claimant does nothing or waives late service, the defence stands and no question of sanction arises. If, as in the present case, judgment has not been entered when the defendant applies out of time for an extension of time, there is no question of any sanction having yet been imposed on him. No distinction is drawn in rule 10.3(5) between applications for an extension of time before and after the period for filing a defence.’
Judges:
Lord Phillips, Lord Brown, Lord Kerr, Lord Dyson, Sir Patrick Coghlin
Citations:
[2011] UKPC 38
Links:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 11 May 2022; Ref: scu.445859