Dispute Resolution

Question 1

Limitation – longstop latent defect

Answer 1

15 years + 1 day From date of act or omission

Question 2

Limitation – latent defect
Fault in design, materials and workmanship

Answer 2

From 6 years of accrual of cause of action; OR
From 3 years which potential claimant know or ought to know

Question 3

Limitation – claims for breach of contract

Answer 3

6 years + 1 day From date of BREACH occurred (not contract date), unless UCTA applies

Question 4

Limitation – contract for construction and defective construction

Answer 4

3 years + 1 day from date claimant knew or ought to know, unless UCTA applies

Question 5

Limitation – Tort (general)

Answer 5

6 years + 1 day From date the tort occurred

Question 6

Limitation – Clinical injury

Answer 6

From date of knowledge

Question 7

Limitation – Personal Injury

Answer 7

3 years + 1 day From date of death OR date of knowledge of personal representative

Question 8

Limitation – Defamation

Answer 8

1 year + 1 day From date statement was made

Question 9

Limitation – Unfair dismissal

Answer 9

3 months + 1 day From date of dismissal

Question 10

Limitation – minors

Answer 10

18 years old + Limitation

Question 11

Limitation – claimants who lack capacity

Answer 11

Limitation STARTS From date when claimant is of sound mind

Question 12

Defendant response to details of claim

Answer 12

Reasonable Time
Protocol suggests:
14 days in straightforward case; or
3 months for complex case

Question 13

Personal Ijury Protocol

Answer 13

1. defendant response - 21 days
2. defendant investigation - 3 months (after response)
3. claimant to commence proceedings - 21 days

Question 14

Service of claim form

Answer 14

within UK: 4 months from date of issue
outside UK: 6 months from date of issue

Question 15

Particulars of claim separate from claim form

Answer 15

14 days from service of claim (if limitation imminent, Particulars of Claim with Claim Form)

Question 16

Deemed served; post, DX

Answer 16

Second business day presumed
non-business days: Sat, Sun, bank holiday, Good Friday or Christmas

Question 17

Deemed service; hand delivery, fax, other electronic means

Answer 17

If before 4.30pm on business day, on that day, otherwise next business day

Question 18

Defendant response to Particulars of Claim

Answer 18

14 days From date of deemed service,
Otherwise claimant can obtain judgment

Question 19

Defendant files defence

Answer 19

14 days from date of acknowledgment
(unless defence filed with acknowledgment)

Question 20

Request for Extension of time

Answer 20

By parties agreement: 28 day, from deemed service of Particulars of Claim (so 56 in total)

Question 21

Part 20 Claim

Answer 21

14 days from acknowledgement, If filed with defence, unless defence is filed with the acknowledgement as well.

No court permission required if filed with defence