Disputes Dates and Deadlines Flashcards
How many days can a hearing be before summary assessment should not be used?
Disputes
1 day
What is the fastest a high court claim can be issued?
Disputes
1 day if taken in person
How quickly are documents served by first class post or DIX?
Disputes
Next business day
What is the deadline to serve a claim form after it has been issued?
Disputes
12 midnight four months after the date of issue of the claim from
When is the deemed date of service of a claim form?
Disputes
Second business day after completion of the relevant step
When is the deemed date of service for documents other than the claim form by instant methods?
Disputes
If b4 4:30pm on business day – same day
Otherwise – next business day
What is the deemed date of service for documents other than the claim form served by non-instant methods?
Disputes
If on business day – second day after posting/giving to DX provider
Otherwise– next business day
Explain the 4 clear days rules
Disputes
- Day period begins doesn’t count (day 0)
- End of period by reference to an event doesn’t count
- If period is 5 days or less, Saturdays, Sundays, Bank Hols, Christmas Day and Good Friday doesn’t count
- When deadline relates to doing an act with a court office, and the deadline falls on a day it is closed, then you do it on the next day that it is open
What is the likely amount of days in trial for a fast-track claim?
1 day (5hr trial)
How long are trials expected to last in complexity band 1?
1 day (5hr)
What is the deadline to provide a list of authorities to the high court?
Disputes
5pm day before the hearing
When is judgement circulated before being handed down?
Disputes
4pm on the second working day before handing it down (so parties can prepare costs etc)
What is the time limit for drawing up an order when the court has given responsibility to one of the parties?
Disputes
7 days
During what times can the enforcement officer not enter premises to secure goods?
Before 6am and after 9pm
What is the standard timeline for applying for an order for costs?
Disputes
14 days
When undergoing a detailed assessment of costs, when should the paying party submit points of dispute in relation to the bill provided?
21 days
What is the deadline to serve a witness statement explaining why you refused ADR?
Disputes
21 days
When does the claimants solicitor have to file a certificate of service with the court after they effect service?
Disputes
Within 21 days of effecting service
When do the particulars of claim need to be served if not served with the claim form?
Within 14 days of service of the claim form
AND
Within the 4mo period of validity of the claim form
What is the deadline to file a copy of the particulars of claim with the court after they are served if they haven’t already been filed?
Disputes
7 days
What is the deadline to acknowledge service?
14 days from when you received the particulars of claim
What is the time limit to file a defence if you do not file an acknowledgement of service?
14 days
How many days total does the defendant have to serve their defence if they file an acknowledgement of service?
Disputes
28 days from the service of the particulars of claim
How long an extension can the parties agree for the deadline to serve a defence?
Disputes
28 day extension (on top of the OG 28 days)
What is the maximum possible extension to serving a defence without a court order (i.e. if parties agree?)
56 days from deemed date of service of the particulars of claim
How long does the claimant have to respond if the defendant submits they have already paid the money that the claimant is claiming?
28 days, claim is stayed if they don’t respond
What is the deadline to request a judgement after D submits an admission form?
14 days of receiving notice of the admission
When are judgements typically payable?
14 days
What is the typical notice of the deadline to file a reply?
14 days
What is the deadline to serve a claim form on a person whom an additional claim is being made without the courts permission?
14 days of it being issued
When does an amended statement of case (occuring with court permission) need to be filed?
Within 14 days of the date of granting amendment
How many days of no response need to go by before you can make a without notice application and have a hearing without the other parties regarding a request for further information?
14 days
When must service be effected for an interim application?
As soon as practicable and not less than 3 clear days before the application is to be heard
What is the deadline to make an application to set aside or vary a court order arising from a without notice hearing?
Within 7 days of the order being served on the other party
What is the deadline for the respondant to serve evidence on the applicant for a interim costs order?
at least 7 days before the hearing
What is the deadline for an applicant to serve evidence in reply to the respondants evidence for an interim costs order?
At least 3 days b4 the hearing
What is the deadline to serve notice and evidence of an interim costs payment hearing?
14 days
How many days should intermediate track trials last no longer than?
3 days
How much notice is there for small claims hearing dates?
21 days
In small claims, what is the deadline to file and serve all copies you will rely on in a hearing?
No more later than 14 days before the main hearing
In intermediate track, what is the deadline for parties to agree directions and submit to the court?
Seven days before the CMC
What is the deadline to serve a disclosure report in intermediate track claims?
14 days before the CMC
What is the deadline to submit agreed directions to the court in multitrack cases?
Seven days
In multitrack, what is the deadline to serve disclosure?
14 days before the CMC
What is the deadline to file and exchange costs when the costs management procedure applies?
21 days
What is the deadline to file and exchange budget discussion reports under the costs management procedure?
7 days
What is the deadline to serve a draft disclosure order on the intermediate track?
Seven days
After receiving notice that the other party would like to inspect documents, what is the deadline to allow that inspection?
Seven days of receipt of notice
How long do you have to provide photocopies of documents on request?
Seven days
How long an extension for serving witness statements can the parties agree without a court order?
28 days as long as it doesn’t put a hearing at risk
How long do you have to apply to cross-examine a hearsay witness?
14 days after the hearsay notice was served
What is the deadline to submit questions to an expert?
Within 28 days of service of the report
When must the expert provide a copy of any proposed directions they are giving to the court to the solicitor they are working with?
Seven days before filing it at court
When must an expert proposing directions to the court give all parties in the case a copy of their proposal?
4 days before filing it at the court
What is the minimum period that a Part 36 offer has to stand where the defendant will still be liable for the claimants costs if accepted? (the relevant period)
21 days
What is the deadline for a P36 offer receiver to ask for clarification?
Within 7 days of service
To withdraw a p36 offer after it has been accepted, what is the deadline to apply to the court?
Within 7 days of acceptance or, if earlier, the date of the trial
How many days does the person paying have to pay after accepting a p36 offer?
14 days from acceptance
When would the ‘special rules’ for a p36 offer be triggered?
When the offer is made within 21 days or less of the trial
When must the trial bundle be submitted?
No more than 7 days and no less than 3 days before the trial begins
What is the deadline to draw up an order after becoming responsible for doing so?
7 days
How much breathing space is given in the debt respite scheme?
60 days
What is the deadline to servce notice on a person ordered to attend court for debt enforcement?
14 days
How much notice does the judgement debtor have to give before taking control of goods?
seven clear days
How long after not paying a debt after being served with a statutory order is the court likely to presume insolvancy?
21 days
For asking permission to appeal in the court of appeal, how much notice of an oral hearing (if required) will be given?
Within 14 days of the hearing
If an oral hearing is required when asking permission to appeal to the county or high court, what is the deadline to request an oral hearing to reconsider the appeal?
Seven days after service of notice refusing permission
What is the general rule around the deadline for making an application to appeal (appellants notice)
21 days from the date of the lower courts decision
What is the deadline to dispute jurisdiction?
14 days after filing an acknowledgement of service
How long is a claim form valid for after issue?
4 months
How long is the standard stay if both parties request one to try and settle?
1 month
What is the window to satisfy a debt judgement and have the entry cancelled from the register of judgements, orders and fines?
One month
How long does the enforcement officer have from giving notice that they’ll take control of the debtors goods to do so?
12 months
How long is the period of service for a claim form being served out of jurisdiction?
6 months
In non-PI negligence claims what is the deadline for the limitation period?
6 years from cause of action
3 years from having the knowledge and right to bring a claim
Long stop 15 years from the date of the latest negligent act/omission causing all or part of the damage
What is the deadline to claim for breach of contract?
6 years from breach
What is the deadline to claim for PI?
3 years from date of injury, or date of knowledge
What is the deadline for dependants to claim under fatal accidents?
2 years or knowledge
