How long can I extend my defence deadline without going to court?

Under CPR r.15.5, parties can agree to extend the deadline for filing a defence by up to 28 days without needing court permission. This extension applies to the 28-day period that begins after you file an acknowledgement of service. If you require more than 28 extra days, you must apply to the court for an order.

Can I use this letter if I have already missed my defence deadline?

No. If the original deadline for filing your defence has already passed, you cannot use a letter to request consent. In that situation, you must apply to the court under CPR r.3.1(2)(a) for relief from sanctions. This letter template is only suitable for use before the current deadline expires.

Does the claimant have to tell the court if they agree to my extension?

Yes. If the claimant agrees to the extension, they are legally obligated to inform the court of the agreed change in writing. This requirement is set out in CPR r.15.5(2). It is important to remind the claimant or their solicitors of this duty when sending your request letter.

When should I avoid using this extension request letter?

You should not use this template if you intend to challenge service or apply to strike out the claim, particularly if the claim is clearly hopeless. Additionally, do not rely on this letter if you have not filed an acknowledgement of service first, as the extension applies to the deadline running from that filing.

What information needs to be included in the letter?

The letter should state that you are requesting a 28-day extension under CPR r.15.5. You must provide a reason, such as needing time to obtain expert evidence or review documents. You should also ask the claimant to confirm their consent and notify the court, and request a response by a specific date so you can apply to the court if necessary.

← All Templates

Civil Litigation

Updated 2026-05-16

Request for Extension of Time to File Defence

A letter to the claimant (or their solicitors) requesting consent to extend the deadline for filing a defence under CPR r.15.5.

This template was not drafted by a solicitor.

It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.

When to use this template

Use when you have been served with a civil claim and need more time to file your defence than the standard 28 days allowed after filing an acknowledgement of service. Under CPR r.15.5, the parties can agree to extend the defence deadline by up to 28 days without court permission. For longer extensions, a court application is required.

When NOT to use this template

Do not use this template if the claim is clearly hopeless and you intend to challenge service or apply to strike out. Do not rely on this template if the original defence deadline has already passed — if that has happened, apply to the court under CPR r.3.1(2)(a) for relief from sanctions.

Legal Basis

CPR r.15.5 (extension of period for filing defence by agreement). Parties may agree to extend the period for filing a defence by up to 28 days provided the claimant notifies the court of the extension in writing. The claimant has an obligation to inform the court of any agreed extension (CPR r.15.5(2)).

Before you send

Failing to file an acknowledgement of service first — the extension under CPR r.15.5 applies to the 28-day deadline that runs from filing an AoS, not from the original 14-day deadline
Agreeing an extension that exceeds 28 days — this requires a court order
Not asking the claimant to notify the court of the extension as required by CPR r.15.5(2)

Common Mistakes to Avoid

✗Failing to file an acknowledgement of service first — the extension under CPR r.15.5 applies to the 28-day deadline that runs from filing an AoS, not from the original 14-day deadline
✗Agreeing an extension that exceeds 28 days — this requires a court order
✗Not asking the claimant to notify the court of the extension as required by CPR r.15.5(2)
✗Using this letter after the defence deadline has already expired — at that point you need a court application

Build Your Letter

Fill in your details

Complete the fields below. Required fields are marked with *.

Your name (defendant or solicitor)*

Your address*

Your email*

Date of letter*

Claimant's solicitor / claimant's name*

Claimant's solicitor's address*

Court claim number*

Claimant's name*

Defendant's name*

Date acknowledgement of service was filed*

Current defence deadline*

Requested new defence deadline*

Reason for the extension request*

Deadline for claimant to respond to this request*

Letter preview

[YOUR NAME (DEFENDANT OR SOLICITOR)]
[YOUR ADDRESS]
[YOUR EMAIL]

[DATE OF LETTER]

[CLAIMANT'S SOLICITOR / CLAIMANT'S NAME]
[CLAIMANT'S SOLICITOR'S ADDRESS]

Claim Number: [COURT CLAIM NUMBER]
Claimant: [CLAIMANT'S NAME]
Defendant: [DEFENDANT'S NAME]

---

Dear [CLAIMANT'S SOLICITOR / CLAIMANT'S NAME],

**REQUEST FOR EXTENSION OF TIME TO FILE DEFENCE — CPR r.15.5**

I refer to the above-named proceedings. I / My client [DEFENDANT'S NAME] filed an Acknowledgement of Service on [DATE ACKNOWLEDGEMENT OF SERVICE WAS FILED]. The current deadline for filing a Defence is therefore [CURRENT DEFENCE DEADLINE].

I write to request your consent to a 28-day extension of the deadline for filing the Defence, to [REQUESTED NEW DEFENCE DEADLINE].

The reason for this request is: [REASON FOR THE EXTENSION REQUEST]

This request is made under CPR r.15.5. If you agree, please confirm your consent by return and, as required by CPR r.15.5(2), please notify the court of the agreed extension.

I confirm that I am not seeking this extension to delay proceedings but in order to properly investigate and respond to the matters raised in the Particulars of Claim.

If you are not willing to consent to this extension, please let me know by [DEADLINE FOR CLAIMANT TO RESPOND TO THIS REQUEST] so that I may make an application to the court if necessary.

Yours faithfully,

[YOUR NAME (DEFENDANT OR SOLICITOR)]

Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.

Related Guides

Related Rights

Right To A Fair Trial

Official Resources

CPR r.15.5 — Extension of time to file defence →

Frequently asked questions

How long can I extend my defence deadline without going to court?: Under CPR r.15.5, parties can agree to extend the deadline for filing a defence by up to 28 days without needing court permission. This extension applies to the 28-day period that begins after you file an acknowledgement of service. If you require more than 28 extra days, you must apply to the court for an order.
Can I use this letter if I have already missed my defence deadline?: No. If the original deadline for filing your defence has already passed, you cannot use a letter to request consent. In that situation, you must apply to the court under CPR r.3.1(2)(a) for relief from sanctions. This letter template is only suitable for use before the current deadline expires.
Does the claimant have to tell the court if they agree to my extension?: Yes. If the claimant agrees to the extension, they are legally obligated to inform the court of the agreed change in writing. This requirement is set out in CPR r.15.5(2). It is important to remind the claimant or their solicitors of this duty when sending your request letter.
When should I avoid using this extension request letter?: You should not use this template if you intend to challenge service or apply to strike out the claim, particularly if the claim is clearly hopeless. Additionally, do not rely on this letter if you have not filed an acknowledgement of service first, as the extension applies to the deadline running from that filing.
What information needs to be included in the letter?: The letter should state that you are requesting a 28-day extension under CPR r.15.5. You must provide a reason, such as needing time to obtain expert evidence or review documents. You should also ask the claimant to confirm their consent and notify the court, and request a response by a specific date so you can apply to the court if necessary.