Date And Time limits Flashcards
Limitation period for contract and Tort
6 years
PI claim limitation period
3 years from date of knowledge
3 years from date of knowledge of death if fatal accident
Contribution claim limitation
2 years from judgment
Latent damage cases starting date
3 years from accrual date of latent damage (when knows damage worth suing over and identifies D), or 6 years from the date of damage
15 year long stop
When does limitation run from for children and protected persons at time of accident
18th birthday
In non specific protocol when can D acknowledge letter of claim
14 days in straightforward case
3 months in complex case including PI
When can C send letter of notification PI protocol
Before letter of claim
Doesn’t start timetable
Should be acknowledge in 14 days
What should D do in PI Protocol
Pass on to insurers letter of claim asap but in 7 days
Acknowledge letter of claim within 21 days
Make a formal response 3 months from date of acknowledgement
When should claim form be served within jurisdiction
4 months
When should claim form be served outside jurisdiction
6 months
When does tile run from for service of claim form
Before midnight on calendar day 4 months after date of issue, 2nd business day after posting or personal service the CF is deemed served
How many days after deemed service of POC must D respond
14 days with AOS or filing a defence
If D serves an AOS how long after must they tespond with the DEF
28 days after deemed service of the PoC
What’s the max agreed extension by the parties for a Defence
28 days
When can you apply for default judgment
Any time after expiry of time limits
When can D serve AOS and written evidence in a part 8 claim
14 days after deemed service of Part 8 CF
When can you issue a part 20 additional claim without permission
Same time or before as filing Defence
When is email/fax or personal service deemed served on a business day
4.30pm for same business day
What happens if a fax email or Personal service takes place after 4.30pm
Deemed served next business day
When is post by first class or DX deemed served
Second day after posting as long as second day is business day, if not next business day
How long do parties have before extending time limits for service by agreement
28 days prior written agreement in Unless orders
When should a P make an interim application
As soon as it becomes apparent it is necessary or desirable
When should P serve the N244 and witness statement in an interim application
3 clear days before the hearing
When is the application tor an interim app made?
When N244 is received by court for issue
When can C apply for an interim apppication
Before issue of claim form
When can D apply for interim remedies
Only after filing AOS or Defende
When can C apply for an interim payment
After time for AOS has expired
What’s the minimum period for returning directions questionnaires in (I) small claims and (Ii) fast track and multi track claims
I) 14 days
Ii) 28 days
Period between allocation and trial in fast track claims
30 weeks
What’s the max duration of a fast track claim
1 day
When can one do an Amendment before service?
Without consent or permission
How long can you disallow an amendment
14 days after service
Can you amend after service
Yes with consent of parties or court permission but only with permission if amendment concerns parties
Can you amend after limitation?
No if adding new claim
Yes if adding COA it new claim is a set off or counterclaim or arises out of the same or substantially the same facts
When can a party be added or substituted after limitation
To correct a mistake or if claim cannot he carried on without amending parties
When does limitation run for claims under the Fatal Accidents Act 1976
3 years after date of death, or date of knowledge of the person for whose benefit the claim is brought, whichever is later BUT the death must be within three years of the accident
When does limitation run for claims under the Fatal Accidents Act 1976
3 years after date of death, or date of knowledge of the person for whose benefit the claim is brought, whichever is later BUT the death must be within three years of the accident
What happens with limitation and a disability
If disability happened in an accident apply for extension
If disabled and bringing the claim, limitation doesn’t run until you have recovered from the disability. Then apply limitation period.
What’s the limitation period for recovery of land for a disabled person?
30 years
What is ‘knowledge’ in limitation for PI and fatal accidents?
SAIDOP
S- when C knew injury was SIGNIFICANT
A- when C knew ATTRIBUTABLE in whole or part to alleged tort
ID- when C knew ID of the defendant
OP- when C knew ID of the OTHER PERSON it allegedly committed by someone other than D
Knowledge is sufficient certainty which once gained cannot be lost
What is knowledge in limitation for non PI negligence where facts relevant aren’t known at accrual?
When C knew that the damage was attributable in whole or part to that act or omission
The ID or the Defendant or person other than D if it is alleged
15 year long stop from act or omission
What is knowledge in limitation for non PI negligence where facts relevant aren’t known at accrual?
When C knew that the damage was attributable in whole or part to that act or omission
The ID or the Defendant or person other than D if it is alleged
15 year long stop from act or omission
When does limitation run with fraud?
Doesn’t run until the fraud is discovered or could reasonably have been discovered
When can you issue a contribution notice without permission
If before or at same time as Defence
Or within 28 days
Can an unless order be extended
No
If the period is under 5 days or less and includes a sat/sun bank holiday Christmas or Good Friday ahow is time calculated
That day (bank holiday, sat and sun) doesn’t count
If the period is under 5 days or less and includes a bank holiday Christmas or Good Friday ahow is time calculated
That day (ban holiday) doesn’t count
When should disclosure reports be served in the multi track
14 days before CMC
When should parties meet or phone to discuss directions in disclosure
7 days pre first CMC
When should parties meet or phone to discuss directions in disclosure
7 days pre first CMC
When are documents to be inspected in disclosure / and notice to prove a documents authenticity (clue = it’s the same number of days)
7 days after request for inspection
7 days after disclosure for notice to prove authenticity of a doc
When do you need to serve
- witness statements
- permission to rely on a witness summary
- intention to rely on hearsay or why W not called
- plans photos models if used as evidence of fact
By the DQs deadline
When should you submit an app to cross examine or notice to attack credibility of hearsay
14 days after the other side serves notice of intention to rely on hearsay
When should written questions to an expert be submitted
Within 28 days of service of the expert report
What’s the deadline for witness statements or serving witness summaries
7 days pre trial
What’s the number of days a Part 36 offer is open for
21 days
And includes offer or to pay offerees costs on the standard basis to date of acceptance
Includes interest to 21 days AFTER date of offer
How many days does a party have to clarify a part 36 offer
7 days of service
How many days does the offeror have post acceptance of a part 36 offer to apply for permission to withdraw or change the offer
Within 7 days of notice of acceptance
How many days after acceptance must the offeror pay the sum in part 36?
14 days after offer acceptance
What happens RE acceptance period for a part 36 offer under 21 days pre trial
Relevant period expires at the end of trial
If accepted the Ps agree to coasts and costs consequences of failing to heat the offer do not apply
When do you need to file and exchange costs budgets if the value of the claim is under £50K
With DQs
When do you have to file and exchange costs budgets if claim is over £50K
No later than 21 days before the CMC
When do you have to file budget discussion reports
7 days pre CMC
When do you have to serve a costa schedule and file them for a hearing of no more than 1 day
24 h pre heading
When do you have to file and serve costs sxhedules in a FTK trial
2 days before trial date
How long do you have to lodge a bill of costs in a detailed assessment
3 months from the order
How long to you have to file the Arbitration claim form
1 month
When do you serve an application notice evidence and draft orderthat’s urgent or without notice in an interim injunction
If CF issued , 2 hours pre hearing
If Cf not issues, provide draft order at hearing and evidence and app notice same or next working day
Unless secrecy applicant should try informally notify Resp of app and MUST tell court to issue CF immediately and try serve CF with injunction order
How long does a P have to draw up an order if ordered to do so
7 days
How long do you have to pay judgments and money
14 days
How long does a party have to file an order that the court orders it to draw up
7 days
How long does a party have to apply to cross examine or attack credibility of a witness on hearsay
14 days from the notice of hearsay
When can a P serve notice to admit facts or prove documents on another P
21 days before trial
How long does a P have to submit notice they want to prove the authenticity of a document at trial
By latest date for serving WS or
Within 7 days of a doc’s disclosure
If in the PI protocol D admits liability, and C responds by serving their medical report and schedule of loss, how long should C wait before issuing proceedings
21 days to attempt to settle
