Deadlines Flashcards
File and exchange costs budget - value less than £50,000
With directions questionnaire - r.3.13(1)(a)
File and exchange costs budget - value £50,000 or more
Not later than 21 days before first CMC - r.3.13(1)(b)
Limitation for claims in contract, tort and on judgments
6 years
Limitation for personal injury claims
3 years
Limitation for contribution claims
2 years from date of judgment
Deadline for service of claim form
4 months - r.7.5(1)
Deadline for service of claim form (outside jurisdiction)
6 months - r.7.5(2)
Deemed service of claim form
Second business day after relevant step - r.6.14/r.7.5(1)
Deadline for D to respond, via defence or acknowledgement of service, after deemed service of particulars of claim
14 days - r.10.3
Deadline for D to file defence, if they have filed acknowledgement of service within correct time period
28 days after deemed service of particulars of claim - r.15.4(1)
Maximum by which the period for filing a defence may be extended, by agreement between the parties
28 days - r.15.5(1) (the court must be notified in writing of this)
Deadline for D to serve acknowledgement of service in response to Part 8 claim
14 days - r.8.3(1)
Deadline by which C must serve further written evidence, if they desire, in response to D’s evidence in a Part 8 claim
Within 14 days of service of that evidence - r.8.5(5)
Deadline for D to file and serve notice of an additional claim for contribution or indemnity against a party that is added to the claim later
28 days after that party files its defence - r.20.6(2)(a)(ii) (they may do this without the court’s permission)
Deemed service of non-claim form by fax, e-mail or personal service
On that day if before 4:30pm and on a business day; on the next business day after that otherwise - r.6.26
Deemed service of non-claim form by first-class post, DX, through letter box
Second day after posting, or next business day after that - r6.26
Periods for which weekends and bank holidays do not count within the given “days”
5 days or less - r.2.8(4)
Period by which an unless order may be extended by agreement between the parties
28 days - r.3.8(4)
When an interim application must be made
“As soon as it becomes apparent that it is necessary or desirable” - PD23A para 2.7
When notice (N244) and witness statement should be served prior to interim hearing
3 clear days - r.23.7(1)(b) (but in any event, “as soon as practicable” after filing)
Minimum notice that must be given to respondent of the date fixed for a hearing for summary judgment
14 days - r.24.4(3) (should also be given notice of issues which it is proposed that the court will decide)
Deadline for respondent to file AND serve written evidence on which they wish to rely at an application for summary judgment
7 days prior to the hearing - r.24.5(1) (they have the option of whether or not to file and rely on evidence)
Remember that they must be given 14 days’ notice. So, the 7-day deadline for them makes sense.
Deadline for claimant to file AND serve written evidence in response to evidence served by respondent, in an application for interim payment
3 days prior to hearing - r.25.6(5)
Deadline to apply to set aside or vary an order that was made on an application without notice
7 days after service of order on the party making the application - r.23.10(2)
Deadline to apply to set aside or vary an order that was made on the court’s own initiative
7 days after service of order on the party making the application - r.3.3(6)
Deadline for returning directions questionnaire on small claims track
14 days after deemed service of notice informing party of the allocated track - r.26.3(6)(b)(i)
Deadline for returning directions questionnaire on fast track
28 days after deemed service of notice informing party of the allocated track - r.26.3(6)(b)(ii)
This is the same as on the multi track
Deadline for returning directions questionnaire on multi track
28 days after deemed service of notice informing party of the allocated track - r.26.3(6)(b)(ii)
Standard period between giving of directions and trial on fast track
Not more than 30 weeks - r.28.2(4)
Normal maximum length of trial on fast track
1 day
Deadline for application to disapply an amendment made to another party’s statement of case
14 days after service of the amended statement of case - r.17.2(2)
Deadline for service of disclosure reports in multi-track claims
14 days before first CMC - r.31.5(3)
Deadline for parties’ mutual discussion of disclosure directions - by telephone or in person
7 days before first CMC - r.31.5(5)
Deadline for permitting inspection of a document after a party has requested it
7 days after date on which notice was received - r.31.15
Deadline for serving notice that you wish to dispute the authenticity of a document that has been disclosed by the other side
Within 7 days of disclosure - r.32.19(2)(b)
Deadline for serving witness statements
By directions deadline - r.32.10
Deadline for applying for permission to rely on a witness summary
Within the period in which witness statements would have to be served per the directions deadline - r.32.9(4)
Deadline for giving notice of intention to rely on hearsay
Within the period in which witness statements would have to be served per the directions deadline - r.33.2(4)
Deadline for giving notice of intention to rely on plans/photos/models as evidence of fact
Within the period in which witness statements would have to be served per the directions deadline - r.33.6(4)
Deadline for applying to cross-examine the maker of a hearsay statement
14 days after receipt of other side’s notice of intention to rely on hearsay evidence - r.33.4(2)
Deadline for giving notice of intention to rely on evidence that will attack the credibility of the hearsay evidence
14 days after receipt of other side’s notice of intention to rely on hearsay evidence - r.33.5(2)
Deadline for putting written questions about an expert’s report
28 days after service of expert’s report - r.35.6(2)(b) (questions can only be put once)
Deadline for serving notice requiring another party to admit facts
21 days before trial - r.32.18(2)
Deadline for giving notice of intention to rely on plans/photos/models where it will not be used as evidence of fact
21 days before trial - r.33.6(7)
Deadline for serving notice of intention to rely on a deposition
21 days before trial - r.34.11(3)
Period in which party needs permission to issue a summons
Less than 7 days before date of trial - r.34.3(2)(a)
Period in which a witness summons will normally be binding
If served at least 7 days before date on which the witness is required to attend before the court
Minimum “relevant period” for a Part 36 offer
21 days - r.36.5(1)(c)
Period of interest covered by offer to pay costs
21 days after date of offer - r.36.5(4)(b)
Deadline for requesting offeror to clarify a Part 36 offer
7 days after offer made - r.36.8(1)
Deadline to file budget discussion reports (on the multi track)
7 days before first CMC - r.3.13(2) (this applies to the remaining parties after a party has filed a costs budget; it only applies on the multi track)
Deadline for serving costs schedules for a hearing of no longer than one day
24 hours before trial - PD44 para 9.5(4)(a)
Deadline for serving costs schedules on the fast track
2 days before trial - PD44 para 9.5(4)(b)
Deadline for party to draw up an order if directed to do so by the court
7 days after court so ordered - r.40.3(3)(a)
Deadline to pay amount of money following judgment/order of court
14 days from date of order/judgment - r.40.11
Deadline for issuing a writ or warrant of control without the permission of the court
6 years since the date of judgment/order - r.83.2(3)(a)
Time after which a writ or warrant ceases to have effect, if it was permitted by the court
1 year after date of permission - r.83.2(7A)(b)
Deadline for appealing (filing notice of appeal) against decision of lower court
21 days after date of decision of lower court - r.52.12(2)(b) (it must then be served on the other parties to the case within 7 days)
Deadline for serving notice of appeal on the other parties to a case (after you have already filed the notice with the court)
7 days after filing - r.52.12(3)(b)