Disputes - Dates and Deadlines (19) Flashcards
NEED TO ADD INTERIM APPLICATIONS
What is the limitation for contract?
6 Years from cause
Or as specified in contract clause
What is the limitation for Tort (General)?
6 Years from cause
What is the limitation for Tort (Hidden Damage)?
3 Years from discovery
Or 6 years from cause, whichever is later (capped at 15 years)
What is the limitation for Tort (Personal Injury)?
3 Years from cause
What is the limitation for Tort (PI Children)?
3 Years from 18th birthday
Litigation friend can sue on their behalf before 18.
Can the court extend a limitation period?
Court may extend in the interests of equity (A v Hoare).
What is the limitation for Tort (Disability)?
3 Years from end of disability or death (earliest)
What is the deadline for response to letter before claim for Contract (Simple)?
14 Days from LBC
What is the deadline for response to letter before claim for Contract (Complex)?
3 Months from LBC
What is the deadline for response to letter before claim for debt claims?
30 Days from LBC
Debtor should extend if necessary for advice/payment.
What is the deadline for response to letter before claim for professional negligence claims?
21 Days for first letter of acknowledgement
21 Days for second letter of acknowledgement
3 Months from first acknowledgement to investigate
6 Months from first acknowledgement aim to resolve
What is the deadline for service of claim form?
4 Months from issue
Or 6 months (Outside E/W)
What is the deadline for service of particulars of claim?
14 Days from claim form
Within 4 Months of Issue
What is the deadline for service of Acknowledgement of Service?
14 Days from particulars
Then 14 days to dispute jurisdiction
What is the deadline for service of Defence and Counterclaim?
14 Days from particulars
Or 28 days if AoS served
Up to 56 days if agreed
What is the deadline for service of Defence to Counterclaim?
14 Days from counterclaim
Or 28 days if agreed
What is the deemed service date of the claim form?
2nd Business Day from service