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 Injury 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

Question 22

Defences to a PART 20 claim

Answer 22

Must be filed with 14 days of deemed service of part 20 claim

Question 23

Setting aside Small Claims for no hearing attendance

Answer 23

14 days showing:
1. Good reason for not attending; and
2. Claim or defence has reasonable prospects of success

Question 24

Directions questionnaire

Answer 24

28 days no extension

Question 25

Small claims directions - documents

Answer 25

14 days before hearing

Question 26

Fast track directions

Answer 26

disclosure: Week 4
witness statement exchange: Week 10
expert report exchange: Week 14
pre-trial checklist (to determine compliance with directions): Week 20 pre-trial checklists returned: Week 22
date of trial: Week 30

Question 27

Application to vary directions

Answer 27

14 days if party not happy with directions, deemed directions accepted in 14 days

Question 28

Multi-track

Answer 28

Documents:14 days before hearing
Cost budget: 7 days before

Question 29

Interim Application

Answer 29

Notice of application: 3 days before hearing
Defendant’s application to vary or set aside application: 7 days

Question 30

Summary judgment

Answer 30

Applicant serves on the other party: 14 days before hearing
Defendant serve evidence: 7 days before hearing
Claimant reply - 3 days before hearing

Question 31

Interim Payment

Answer 31

applicant serves application notice: 14 days before hearing
(at the time filing acknowledgment of service)
respondent’s written evidence: 7 days before hearing

Question 32

Disclosure – standard directions

Answer 32

28 days

Question 33

Permit inspection after notice

Answer 33

7 days after notice from other party

Question 34

Non-PI multitrack Disclosure

Answer 34

14 days before Case Management Conference

Question 35

Questioning on expert report

Answer 35

28 days from date of expert report

Question 36

pre-trial review

Answer 36

4 weeks before trial

Question 37

witness summons

Answer 37

7 days before trial

Question 38

hearing bundles

Answer 38

3-7 days before trial

Question 39

Oral request for leave to appeal

Answer 39

Immediate

Question 40

Application for leave to appeal

Answer 40

21 days from hand down

Question 41

Request for oral hearing for leave to appeal

Answer 41

7 days from service

Question 42

Summary assessment - lower value and interim applications - statement of cost filing

Answer 42

24 hours before hearing; or
2 days before trial

Question 43

Summary assessment – cost order to pay

Answer 43

14 days - receiving party can charge interest until costs are paid

Question 44

“Bill of costs”

Answer 44

3 months from judgment or order

Question 45

Challenging “Bill of costs”

Answer 45

21 days

Question 46

Final costs certificate

Answer 46

when agreed by both parties