Dispute Resolution Flashcards
Limitation – longstop latent defect
15 years + 1 day From date of act or omission
Limitation – latent defect
Fault in design, materials and workmanship
From 6 years of accrual of cause of action; OR
From 3 years which potential claimant know or ought to know
Limitation – claims for breach of contract
6 years + 1 day From date of BREACH occurred (not contract date), unless UCTA applies
Limitation – contract for construction and defective construction
3 years + 1 day from date claimant knew or ought to know, unless UCTA applies
Limitation – Tort (general)
6 years + 1 day From date the tort occurred
Limitation – Clinical injury
From date of knowledge
Limitation – Personal Injury
3 years + 1 day From date of death OR date of knowledge of personal representative
Limitation – Defamation
1 year + 1 day From date statement was made
Limitation – Unfair dismissal
3 months + 1 day From date of dismissal
Limitation – minors
18 years old + Limitation
Limitation – claimants who lack capacity
Limitation STARTS From date when claimant is of sound mind
Defendant response to details of claim
Reasonable Time
Protocol suggests:
14 days in straightforward case; or
3 months for complex case
Personal Injury Protocol
- defendant response - 21 days
- defendant investigation - 3 months (after response)
- claimant to commence proceedings - 21 days
Service of claim form
within UK: 4 months from date of issue
outside UK: 6 months from date of issue
Particulars of claim separate from claim form
14 days from service of claim (if limitation imminent, Particulars of Claim with Claim Form)
Deemed served; post, DX
Second business day presumed
non-business days: Sat, Sun, bank holiday, Good Friday or Christmas
Deemed service; hand delivery, fax, other electronic means
If before 4.30pm on business day, on that day, otherwise next business day
Defendant response to Particulars of Claim
14 days From date of deemed service,
Otherwise claimant can obtain judgment
Defendant files defence
14 days from date of acknowledgment
(unless defence filed with acknowledgment)
Request for Extension of time
By parties agreement: 28 day, from deemed service of Particulars of Claim (so 56 in total)
Part 20 Claim
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
Defences to a PART 20 claim
Must be filed with 14 days of deemed service of part 20 claim
Setting aside Small Claims for no hearing attendance
14 days showing:
1. Good reason for not attending; and
2. Claim or defence has reasonable prospects of success
Directions questionnaire
28 days no extension
Small claims directions - documents
14 days before hearing
Fast track directions
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
Application to vary directions
14 days if party not happy with directions, deemed directions accepted in 14 days
Multi-track
Documents:14 days before hearing
Cost budget: 7 days before
Interim Application
Notice of application: 3 days before hearing
Defendant’s application to vary or set aside application: 7 days
Summary judgment
Applicant serves on the other party: 14 days before hearing
Defendant serve evidence: 7 days before hearing
Claimant reply - 3 days before hearing
Interim Payment
applicant serves application notice: 14 days before hearing
(at the time filing acknowledgment of service)
respondent’s written evidence: 7 days before hearing
Disclosure – standard directions
28 days
Permit inspection after notice
7 days after notice from other party
Non-PI multitrack Disclosure
14 days before Case Management Conference
Questioning on expert report
28 days from date of expert report
pre-trial review
4 weeks before trial
witness summons
7 days before trial
hearing bundles
3-7 days before trial
Oral request for leave to appeal
Immediate
Application for leave to appeal
21 days from hand down
Request for oral hearing for leave to appeal
7 days from service
Summary assessment - lower value and interim applications - statement of cost filing
24 hours before hearing; or
2 days before trial
Summary assessment – cost order to pay
14 days - receiving party can charge interest until costs are paid
“Bill of costs”
3 months from judgment or order
Challenging “Bill of costs”
21 days
Final costs certificate
when agreed by both parties
