CIV LIT Time Limits Flashcards
Once written notice has been received indicating the other party wishes to inspect a disclosed document, when must inspection be permitted?
Not more than 7 days from receipt of the notice - CPR 31.15
When must each party file disclosure report verified by statement of truth?
Not less than 14 days from first Case Management Conference - CPR 31.5(3)
When must application notice be served?
ASAP but not less than 3 days before hearing - CPR 23.7 and 25A PD 2.2
When must statement of costs be filed?
Not less than 24 hours before hearing - 44 PD 9.5(4)
Small claims track value?
Less than £10,000
Fast track value?
Less than £25,000
Multi-track value?
Over £25,000
When must a Directions Questionnaire be filed?
(i) Small track?
(ii) Fast or multi track?
CPR 26.3
Once defence has been filed, the court officer will specify date in notice of allocation:
Small track - at least 14 days
Fast/Multi - At least 28 days
How much notice must a respondent be given if summary judgement hearing is fixed?
At least 14 days before the hearing
By when must a respondent file written evidence for a summary judgement hearing?
At least 3 days before the hearing
By when must applicant file written evidence for summary judgement?
At least 3 days before the hearing
General time limit for filing a defence?
14 days after service of P.O.C
If D, files an acknowledgement of service - 28 days after service of P.O.C
Period for filing acknowledgement of service?
Claim form without particulars - 14 days after service of the particulars of claim.
Any other time - 14 days after service of P.O.C
Once issued, how long does the claimant have to serve the claim form? [DOMESTIC]
Four months (before 12pm midnight on the calendar day)
Deemed service of a claim form?
2 business days after (also see table 7.5(1))
When must the court receive an Agreed Budget Discussion Report?
Not later than 7 days before the case management conference
When must parties file and exchange budgets?
Not later than 21 days before the first case management conference.
If claim form has been served without the particulars, when must the particulars be served by?
Within 14 days
What is the clear day rule?
Exclude the day on which the period begins AND
Exclude last day only if there is an event
What is the rule if less than 5 days?
Do not include weekends and bank holidays in count
How many days for a defence or acknowledgement of service after the P.O.C has been served? [EU country]
21 days after the service date of the P.O.C
How many days for a defence AFTER an acknowledgement of service has been served? [EU country]
35 days after the service date of the P.O.C
How long has the claimant got to serve claim form once issued for EU and International defendant?
6 months from the date of issue.
How many days for a defence or acknowledgement of service after the P.O.C has been served? [International]
See table in PD 6B
How many days for a defence AFTER an acknowledgement of service has been served? [International]
See number in table 6B + 14 days.
LEGAL ADVICE PRIVILEGE - cases?
Parry v Newsgroup
Three Rivers
Balabel v Air India
Bank of Nova Scotia
LITIGATION PRIVILEGE - cases?
Waugh v BRB
Re HIghgrade Traders
USA v Morris
WITHOUT PREJUDICE - case?
Rush and Tompkins
Waiving part of the doc, waives the whole doc?
Greater Atlantic Insurance
Once privileged, always privileged?
Aegis Blaze
Does a party have to serve a separate hearsay notice?
No, the service of the WS counts as the notice CPR 33.1
When a party wishes to cross-examine a witness that has not been called, how long to do they have to make an application to the court to cross-examine?
Not more than 14 days from the receipt of the notice to rely (ie. the WS)
When a party wishes to adduce evidence attacking the credibility of hearsay evidence, how long to do they have to make an application to the court?
Not more than 14 days from the receipt of the notice to rely
When must a notice to admit facts be served
21 days before trial CPR 32.18
What is the window for a party to put questions to an expert on their report?
28 days from service of the report
When by should the parties have sought to agree to agree directions regarding disclosure
Not less than 7 days before the first case management conference - CPR 31.5
What do parties do to prepare for Case Management Conference?
Costs Budgets
Disclosure Report
Directions
When calculating how much the claimant might expect to recover, what must be disregarded?
Interest and legal costs
Threshold for claims in the high court?
£100,000
Name of costs budget format?
Precedent H
When must the trial bundle be filed?
Not more than 7 days and not less than 3 days before the trial (CPR 39.3)
Date for filing completed pre-trial checklist?
8 weeks before the trial date 29 PD 8.1(3)
Consequence of no party filing a pre-trial checklist?
Court will make an unless order to file within 7 days or the case will be struck out
Whose responsibility is the trial bundle?
The CLAIMANT only - 39A PD 3.4
When is the Part 36 Monies to be paid following settlement?
14 days,
Properties of a Part 36 Offer? 5 points
Must be in writing
Make clear that it is pursuant to Part 36
Treated as Without Prejudice except as to costs
Relevant period of not less than 21 days
Covers whole or part of claim
Effect and cost consequences of accepting a Part 36 offer?
1) The claim will be stayed
2) Claimant entitled to costs up to the date on which the notice of acceptance was served on the Offeror.
Payment of Part 36, when must the sum be paid?
Within 14 days of acceptance
When is a Part 36 made and when is it accepted?
Made when served on Offeree
Accepted when written notice is served on Offeror
3 points of Denton v Davies regarding out of time relief from sanctions applications CPR 3.9?
- Serious and significance of failure to comply
- If so, why the default occurred?
- Evaluate the circumstances particularly that lit. must be conducted efficiently, and the court must enforce compliance
Principle from Olatawura v Abiloye? (Security of costs CPR 25)
The court must balance the injustice to the claimant with the injustice of the defendant.
4 factors from Parkinson v Triplan?
- Claim is bona fide and not a sham
- Whether it is being used oppressively
- Has there been a delay?
- Has the claimant’s wants of means been caused by D.
5 step prohibitory injunction, including 3 American Cyanide guidelines?
- Is there a serious question to be tried?
- Would damages be inadequate remedy?
- Where does the balance of convenience lie?
- Can the court maintain the status quo?
- What are the merits of the case?
4 steps for Freezing injunction (Mareva v Compania Navieria)
- A substantive cause of action in E and W?
- A good arguable case? (more than capable of serious argument)
- Assets within the jurisdiction
- There is a real risk that R may remove/dispose/dissipate assets
3 steps for Regulation defendant?
- Does the regulation apply? (International/material/temporal)
- Do E and W have jurisdiction (priority ranking of articles)
- Will the accept? (lis pendens + related actions)
3 steps for Common Law defendant?
- Presence (Even temporary)
- Submission (Agent or appearance)
- Permission
- Jurisdictional gateway
- Reasonable prospect of success
- E and W proper place (natural forum + substantial justice)
What is required for Summary Judgement CPR 24.2
- No real prospect of success
2. No other compelling reason
Summary Judgment cases?
- Swain v Hillman - realistic as opposed to fanciful
2. International finance corp - Better than merely arguable
What is hearsay evidence?
(i) oral or written statement;
(ii) made out of court;
(iii) being adduced in court;
(iv) To prove the truth of the matter stated
What should a directions questionnaire included?
- the estimated length of trial
- type of disclosure agreed
- number and type of experts required
- a statement as to compliance with pre-action protocol.
[NOT a statement as to whether the parties have tried ADR]
