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1
Q

What is the limitation period for tort claims (not personal injury)?

A

6 years

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2
Q

What is the limitation period for contract claims?

A

6 years

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3
Q

What is the limitation period for claims under the Civil Liability (Contribution) Act 1978?

A

2 years

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4
Q

What is the limitation period for any claim including personal injury (except harassment)?

A

3 years

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5
Q

What is the limitation period for claims under the Fatal Accidents Act 1976?

A

3 years

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6
Q

What is the limitation period for latent damage claims?

A

6 years from the accrual date; 3 years from the starting date

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7
Q

What is the limitation period to enforce a judgment?

A

6 years

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8
Q

What is the longstop limitation for all negligence actions not involving personal injury?

A

15 years

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9
Q

What is the time limit for responding to a pre-action letter in a simple case?

A

14 days

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10
Q

What is the time limit for responding to a pre-action letter in a very complex case?

A

Not more than 3 months

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11
Q

How many days does a defendant have to file an Acknowledgement of Service after service of the claim form?

A

14 days

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12
Q

How many days does a defendant have to file and serve any written evidence they wish to rely on after filing the Acknowledgement of Service?

A

14 days

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13
Q

How many days does a claimant have to file and serve any reply evidence they wish to rely on after receiving the defendant’s evidence?

A

14 days

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14
Q

What is the maximum time a defendant can agree to extend for filing their evidence?

A

14 days after filing AoS

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15
Q

What is the maximum time a claimant can agree to extend for filing their evidence in reply?

A

28 days after service of defendant’s evidence

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16
Q

When is a claim form deemed served if completed by personal service?

A

Second business day after completion of relevant step

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17
Q

What is the time limit for serving a claim form outside of jurisdiction?

A

6 months from the date of issue

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18
Q

What is the time limit for serving particulars of claim if not attached to the claim form?

A

14 days

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19
Q

How many days does a claimant have to serve a copy of particulars of claim after serving it on the defendant?

A

Within 7 days

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20
Q

What is the time limit for filing a certificate of service after serving particulars of claim?

A

21 days

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21
Q

How many days does a defendant have to file an Acknowledgement of Service or Defence after being served with particulars of claim?

A

14 days

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22
Q

If a defendant files an Acknowledgement of Service, how many days do they have to file their Defence?

A

28 days

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23
Q

What is the time limit for filing a Defence to a counterclaim?

A

14 days

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24
Q

What is the time limit for a claimant to file a reply if they wish to do so?

A

At the same time as the directions questionnaire

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25
What happens if a claimant fails to respond to the court's notice?
Claim shall be stayed
26
What is the time limit for serving an additional claim form?
14 days after issue
27
What is the time limit for amending a statement of case after permission is granted?
14 days
28
How many days before a hearing must an application for summary judgment be served on the respondent?
14 days
29
How many days before a hearing must the respondent file and serve any written evidence they wish to rely on?
7 days
30
What is the time limit for both parties to file and serve statements of costs before a hearing?
24 hours
31
What is the time limit for a party to file a request for reconsideration after permission to appeal is refused?
7 days
32
What is the money limit for personal injury claims that can be issued in the County Court?
£49,999.99 or less
33
What is the money limit for claims (other than personal injury) that can be issued in the County Court?
£99,999.99 or less
34
What is the consequence of a personal injury claim of £50,000 or more?
May be issued in County Court or High Court
35
What is the condition for a claim to be issued at the Money Claims Centre?
£100,000 in value, neither party be a child or protected party
36
What is the time limit for proceedings for detailed assessment to be commenced by the receiving party?
3 months
37
What must a statement of costs for summary assessment set out?
Number of hours claimed, hourly rate claimed, amount and nature of disbursements, legal rep’s costs, counsel’s fees, VAT on costs
38
What is the time limit for filing a costs budget for a claim less than £50,000?
At the same time as directions questionnaire
39
What is the time limit for filing a costs budget for a claim of £50,000 or more?
21 days before the first CMC
40
What type of claim must be issued in CC if the claim value is £99,999.99 or less?
Must be issued in CC
41
What are the conditions for a claim to be issued at the Money Claims Centre?
£100,000 in value, neither party be a child or protected party
42
What is the maximum claim value for it to be considered an online civil money claim?
Claim up to £10,000
43
What track is allocated to any claim not more than £10,000?
Small claims track
44
What are the conditions for a personal injury claim to fall under the small claims track?
* Value of claim not more than £10,000 * Value of claim for PI damage is not more than £1000
45
What type of claim by a tenant against a landlord falls under the small claims track?
* Tenant seeking disrepair order * Cost of repairs not more than £1000 * Value of claim for damages not more than £1000
46
What track is assigned to any claim valued at £25,000 or more?
Multi-track
47
To enforce a CC judgment worth £5000 or more by taking control of goods, where must it be issued?
Must be in HC
48
To enforce a CC judgment worth between £600 and £4999.99 by taking control of goods, where can it be issued?
May be in HC or CC
49
Where must a CC judgment worth less than £600 be enforced?
Must be in CC
50
To enforce a HC judgment worth less than £2000 by charging order, where must it be issued?
Must be in CC
51
Where can a HC judgment worth £2000 or more be enforced?
Either HC or CC
52
Where must an application for a charging order concerning an order by sale exceeding £350,000 be made?
Must be in the HC; otherwise in the CC
53
To enforce a CC judgment by a warrant of control of a value less than £600, where must it be issued?
Must be in the CC
54
To enforce a CC judgment by a warrant of control of a value between £600 and £4999.99, where can it be issued?
May be in either CC or HC
55
To enforce a CC judgment by a warrant of control of £5000 or more, where must it be issued?
Must be in HC
56
What is the minimum debt required for an attachment of earnings order?
£50
57
Costs management rules apply to all Part 7 multi-track claims unless the court orders otherwise, except those with a value of _______.
£10 million
58
What is the value threshold for using only the first page of precedent H costs budget form?
If the party’s budgeted costs are less than £25,000; £50,000
59
What is the general notice requirement for Part 23 applications?
With notice – serve on each respondent as soon as practicable and at least 3 clear days prior to the hearing
60
In a telephone hearing, when must the application be served?
Within 5 days of the hearing
61
Under what circumstances can a Part 23 application be made without notice?
* Exceptional urgency * Overriding objective best furthered * All parties consent * Court given permission * Hearing is already listed * Insufficient time to serve notice * Where court order, PD, or rule permits
62
Can an application to extend time for service be made without notice?
May be made without notice
63
Can an application for substitution of a party be made without notice?
May be made without notice
64
What must support an application for substitution of a party?
Evidence setting out new party’s interest in or connection with the claim
65
Can a request for further information be made without notice?
May be made without notice
66
Can an application for an order permitting the applicant to withhold disclosure of a document on public interest grounds be made without notice?
May be made without notice
67
Is court permission needed to add another defendant to the claim after it has been served?
Yes
68
Is court permission needed to file particulars of counterclaim, a contribution notice, or an additional claim if filed at the same time as the Defence?
No
69
Is court permission needed to file a contribution notice against an existing party added after filing Defence?
No if filed within 28 days of them being added
70
Can you amend a statement of case before it has been served?
No
71
Can you amend a claim to add, remove, or substitute a party?
Yes
72
Can you amend a statement of case after service with the written consent of all parties?
No
73
Can you vary dates of return of PTC, trial, trial period, pre-trial review, and CMC?
Yes
74
Can you discontinue a claim relating to something about which the court has granted an interim injunction?
Yes
75
Can you serve a witness summary rather than a witness statement?
May be made without notice
76
Do you need the court’s permission for an application for a charging order?
May be made without notice
77
Can you discontinue a claim concerning an interim payment without the written consent of all other parties?
Yes
78
Is court permission needed to rely on a privileged document where there has been inadvertent inspection of it?
Yes
79
Can you accept a Pt 36 offer while the trial is in progress?
Yes – from a different judge than the trial judge
80
Can you accept a Pt 36 offer when it is made by some but not all defendants?
Yes
81
Can you serve a witness summary rather than a witness statement after the trial has started?
Yes
82
Is court permission required to rely on expert evidence?
Yes
83
Is court permission needed to issue an application for writ or warrant of control?
No, unless certain conditions are met
84
To extend the time limit for permission to appeal, what must be done?
Application must be made to the appeal court
85
Can you appeal against a decision of the County Court, High Court, or Family Court?
Yes, except where the appeal is against certain orders
86
What are the exceptions where you cannot appeal against a decision?
* A committal order * Refusal to grant habeas corpus * Secure accommodation order

Civil Litigation Timelines (2 decks)

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