!!!!!! dispute resolution- time frames Flashcards
Limitation: Contract
6 years from breach
Limitation: Tort
3 years from damage (from the date on which the cause of action accrued/ date of knowledge of injury)
Limitation: Personal injury
3 years from whichever of these is the latest:
- date when the cause of action accrued or
- date of knowledge of the person injured
Limitation: Fatal Accidents
3 years from whichever of these is the latest:
- date of death
- date of knowledge of the dependent
Limitation: Disability
Limitation period starts to run from when the disability ends and is
- 2 years in relation to contribution claims
- 3 years in relation to PI or fatal accident claims
- and 6 years in most other cases
A person is under a disability whilst they are a minor or lacks mental capacity
Limitation: Fraud
6 years from when the claimant discovered the fraud, concealment, or mistake (or could with reasonable diligence discovered it)
Claim form expiry
- 4 months in UK
- 6 months out of jurisdiction
Deemed date of service for claim form
Service of the claim form/particulars of service: second business day after completion of the relevant step
Relevant step is what you have to do to comply with the method of service eg if you are posting then you have to have sent it out
if using an instant method it is deemed to be same day if done before 4:30pm on a business day, but is otherwise deemed as next day
if using a non instant method it is deemed to be the second day after posting if that is a business day
Acknowledgement of Service
14 days after Deemed date of service of the particulars of claim/claim form that includes particulars of claim
Defence
14 days from the deemed date of service of the particulars of claim
If the defendant files an acknowledgement of service indicating an intention to defend, the deadline for serving the defence to 28 days after the deemed date of service of the particulars of claim
Response of money paid
Defendant will serve a defence stating the money has already been paid, 14 days from DDS of particulars of service
Court serves notice of this to the claimant to check if the money has been paid, claimant must respond within 28 days and the claim is stayed if they do not do so
Admitting a claim- how to avoid being put on the judgement list
14 days from DDS of PofC
If a specified claim has been admitted and paid in full (with interest, court fee and costs) within the 14 day period for responding to the claim it is unlikely that a judgement will also be entered
Reply to defence
this is optional but it should be filed with the directions questionnaire
parties are given at least 14 days notice of the deadline for doing this
When would there be a default judgement
if the time limit expires for the defendant to file a defence of acknowledgment of service
When do you make a counter claim?
same time as the defendant files their defence
when do you submit your defence to counterclaim
14 days after service of the counterclaim
when do you submit a service of interim application (includes security for costs applications and interim injunction applications)
as soon as practicable but not less than 3 clear days before the hearing
when do you file and exchange statements of costs for interim applications
no less than 24 hours before the hearing
when do you submit an application to set aside a without notice application decision/order
within 7 days of the order being served on the other party
when do you submit a service of a summary judgement application on the defendant
at least 14 days before the hearing
when do you submit further evidence for summary judgement application
respondent- at least 7 days before hearing
applicant reply- at least 3 days before hearing
file and exchange statements of costs for summary judgement application
not less than 24 hours before hearing
service of an interim payment application
at least 14 days before the hearing
file and exchange/serve costs budget
- value of claims and time limit
- for claims valued between £50k and £10m no later than 21 days before the case and costs management conference (ccmc)
file and exchange/serve disclosure report
no less than 14 days before CCMC
fast track standard directions
- disclosure
- witness statements
- expert reports
- prep for trial and trial
Disclosure: Within 4 weeks from Allocation
Witness Statements: Within 10 weeks from Allocation
Expert Reports (SJE Preferred): Within 14 Weeks from Allocation
Preparation for Trial and Trial: Within 20-30 weeks from Allocation
extension of time by prior written agreement of the parties (before deadline is reached)
a max of 28 days provided that this does not put any hearing date at risk
