Extension of Limitation Period

December 23rd, 2021 by James Goudie KC

The 30 day limitation for procurement claims is a short one, but the Courts have repeatedly emphasised that it should be observed. In Access for Living Limited v Lewisham LBC (2021) EWHC 3498 ( TCC ) Jefford J says : –

(1) The absence of evidence of prejudice is not in itself a reason to extend time: paras 31 & 63;

(2) It can however be a relevant factor: Para 60;

(3) There is no exhaustive list of factors that may or may not be a good reason to extend time: para 61;

(4) One matter that is not in itself a good reason is that the extension sought is a short one: para 62;

(5) A matter that is beyond the control of the applicant may well provide a good reason: Para 64.

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