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SQE 1 - FKL1 > Disputes Dates and Deadlines > Flashcards

Disputes Dates and Deadlines Flashcards

1
Q

How many days can a hearing be before summary assessment should not be used?

Disputes

A

1 day

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2
Q

What is the fastest a high court claim can be issued?

Disputes

A

1 day if taken in person

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3
Q

How quickly are documents served by first class post or DIX?

Disputes

A

Next business day

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4
Q

What is the deadline to serve a claim form after it has been issued?

Disputes

A

12 midnight four months after the date of issue of the claim from

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5
Q

When is the deemed date of service of a claim form?

Disputes

A

Second business day after completion of the relevant step

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6
Q

When is the deemed date of service for documents other than the claim form by instant methods?

Disputes

A

If b4 4:30pm on business day – same day

Otherwise – next business day

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7
Q

What is the deemed date of service for documents other than the claim form served by non-instant methods?

Disputes

A

If on business day – second day after posting/giving to DX provider

Otherwise– next business day

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8
Q

Explain the 4 clear days rules

Disputes

A
  1. Day period begins doesn’t count (day 0)
  2. End of period by reference to an event doesn’t count
  3. If period is 5 days or less, Saturdays, Sundays, Bank Hols, Christmas Day and Good Friday doesn’t count
  4. 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
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9
Q

What is the likely amount of days in trial for a fast-track claim?

A

1 day (5hr trial)

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10
Q

How long are trials expected to last in complexity band 1?

A

1 day (5hr)

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11
Q

What is the deadline to provide a list of authorities to the high court?

Disputes

A

5pm day before the hearing

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12
Q

When is judgement circulated before being handed down?

Disputes

A

4pm on the second working day before handing it down (so parties can prepare costs etc)

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13
Q

What is the time limit for drawing up an order when the court has given responsibility to one of the parties?

Disputes

A

7 days

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14
Q

During what times can the enforcement officer not enter premises to secure goods?

A

Before 6am and after 9pm

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15
Q

What is the standard timeline for applying for an order for costs?

Disputes

A

14 days

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16
Q

When undergoing a detailed assessment of costs, when should the paying party submit points of dispute in relation to the bill provided?

A

21 days

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17
Q

What is the deadline to serve a witness statement explaining why you refused ADR?

Disputes

A

21 days

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18
Q

When does the claimants solicitor have to file a certificate of service with the court after they effect service?

Disputes

A

Within 21 days of effecting service

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19
Q

When do the particulars of claim need to be served if not served with the claim form?

A

Within 14 days of service of the claim form

AND

Within the 4mo period of validity of the claim form

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20
Q

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

A

7 days

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21
Q

What is the deadline to acknowledge service?

A

14 days from when you received the particulars of claim

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22
Q

What is the time limit to file a defence if you do not file an acknowledgement of service?

A

14 days

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23
Q

How many days total does the defendant have to serve their defence if they file an acknowledgement of service?

Disputes

A

28 days from the service of the particulars of claim

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24
Q

How long an extension can the parties agree for the deadline to serve a defence?

Disputes

A

28 day extension (on top of the OG 28 days)

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24
Q

What is the maximum possible extension to serving a defence without a court order (i.e. if parties agree?)

A

56 days from deemed date of service of the particulars of claim

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24
Q

How long does the claimant have to respond if the defendant submits they have already paid the money that the claimant is claiming?

A

28 days, claim is stayed if they don’t respond

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25
Q

What is the deadline to request a judgement after D submits an admission form?

A

14 days of receiving notice of the admission

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26
Q

When are judgements typically payable?

A

14 days

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27
Q

What is the typical notice of the deadline to file a reply?

A

14 days

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28
Q

What is the deadline to serve a claim form on a person whom an additional claim is being made without the courts permission?

A

14 days of it being issued

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29
Q

When does an amended statement of case (occuring with court permission) need to be filed?

A

Within 14 days of the date of granting amendment

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30
Q

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?

A

14 days

31
Q

When must service be effected for an interim application?

A

As soon as practicable and not less than 3 clear days before the application is to be heard

32
Q

What is the deadline to make an application to set aside or vary a court order arising from a without notice hearing?

A

Within 7 days of the order being served on the other party

33
Q

What is the deadline for the respondant to serve evidence on the applicant for a interim costs order?

A

at least 7 days before the hearing

34
Q

What is the deadline for an applicant to serve evidence in reply to the respondants evidence for an interim costs order?

A

At least 3 days b4 the hearing

35
Q

What is the deadline to serve notice and evidence of an interim costs payment hearing?

A

14 days

36
Q

How many days should intermediate track trials last no longer than?

A

3 days

37
Q

How much notice is there for small claims hearing dates?

A

21 days

38
Q

In small claims, what is the deadline to file and serve all copies you will rely on in a hearing?

A

No more later than 14 days before the main hearing

39
Q

In intermediate track, what is the deadline for parties to agree directions and submit to the court?

A

Seven days before the CMC

40
Q

What is the deadline to serve a disclosure report in intermediate track claims?

A

14 days before the CMC

41
Q

What is the deadline to submit agreed directions to the court in multitrack cases?

A

Seven days

42
Q

In multitrack, what is the deadline to serve disclosure?

A

14 days before the CMC

43
Q

What is the deadline to file and exchange costs when the costs management procedure applies?

A

21 days

44
Q

What is the deadline to file and exchange budget discussion reports under the costs management procedure?

A

7 days

45
Q

What is the deadline to serve a draft disclosure order on the intermediate track?

A

Seven days

46
Q

After receiving notice that the other party would like to inspect documents, what is the deadline to allow that inspection?

A

Seven days of receipt of notice

47
Q

How long do you have to provide photocopies of documents on request?

A

Seven days

48
Q

How long an extension for serving witness statements can the parties agree without a court order?

A

28 days as long as it doesn’t put a hearing at risk

49
Q

How long do you have to apply to cross-examine a hearsay witness?

A

14 days after the hearsay notice was served

50
Q

What is the deadline to submit questions to an expert?

A

Within 28 days of service of the report

51
Q

When must the expert provide a copy of any proposed directions they are giving to the court to the solicitor they are working with?

A

Seven days before filing it at court

52
Q

When must an expert proposing directions to the court give all parties in the case a copy of their proposal?

A

4 days before filing it at the court

53
Q

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)

A

21 days

54
Q

What is the deadline for a P36 offer receiver to ask for clarification?

A

Within 7 days of service

55
Q

To withdraw a p36 offer after it has been accepted, what is the deadline to apply to the court?

A

Within 7 days of acceptance or, if earlier, the date of the trial

56
Q

How many days does the person paying have to pay after accepting a p36 offer?

A

14 days from acceptance

57
Q

When would the ‘special rules’ for a p36 offer be triggered?

A

When the offer is made within 21 days or less of the trial

58
Q

When must the trial bundle be submitted?

A

No more than 7 days and no less than 3 days before the trial begins

59
Q

What is the deadline to draw up an order after becoming responsible for doing so?

A

7 days

60
Q

How much breathing space is given in the debt respite scheme?

A

60 days

61
Q

What is the deadline to servce notice on a person ordered to attend court for debt enforcement?

A

14 days

62
Q

How much notice does the judgement debtor have to give before taking control of goods?

A

seven clear days

63
Q

How long after not paying a debt after being served with a statutory order is the court likely to presume insolvancy?

A

21 days

64
Q

For asking permission to appeal in the court of appeal, how much notice of an oral hearing (if required) will be given?

A

Within 14 days of the hearing

65
Q

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?

A

Seven days after service of notice refusing permission

66
Q

What is the general rule around the deadline for making an application to appeal (appellants notice)

A

21 days from the date of the lower courts decision

67
Q

What is the deadline to dispute jurisdiction?

A

14 days after filing an acknowledgement of service

68
Q

How long is a claim form valid for after issue?

A

4 months

69
Q

How long is the standard stay if both parties request one to try and settle?

A

1 month

70
Q

What is the window to satisfy a debt judgement and have the entry cancelled from the register of judgements, orders and fines?

A

One month

71
Q

How long does the enforcement officer have from giving notice that they’ll take control of the debtors goods to do so?

A

12 months

72
Q

How long is the period of service for a claim form being served out of jurisdiction?

A

6 months

73
Q

In non-PI negligence claims what is the deadline for the limitation period?

A

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

74
Q

What is the deadline to claim for breach of contract?

A

6 years from breach

75
Q

What is the deadline to claim for PI?

A

3 years from date of injury, or date of knowledge

76
Q

What is the deadline for dependants to claim under fatal accidents?

A

2 years or knowledge

SQE 1 - FKL1 (12 decks)

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