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TIme Limits > DR - Time Limits > Flashcards

DR - Time Limits Flashcards

1
Q

limitation for tort claims (general)

Limitation

A

6 years from damage or date of knowledge

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2
Q

limitation for contract claims (general)

Limitation

A

6 years from breach

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3
Q

Limitation for Latent damages

Limitation

A

6 years from cause of action, 3 years from rights arising
15 years maximum

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4
Q

limitation for contribution case claims

Limitation

A

2 years from date of liability for payment arising

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5
Q

Limitation for PI/Fatal claims

Limitation

A

3 years

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6
Q

Limitation for dependants of the deceased in fatal accident claims

Limitation

A

3 years from death/knowledge of dependent

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7
Q

Timetable for PI Pre-Action

Pre-action

A

D acknowledges service within 21 days, sends letter of response within 3 months

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8
Q

timetable for other forms of pre-action

Pre-action

A

D sends letter of response within reasonable time (14 days - 3 months)

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9
Q

max value of money claim online

Commencing

A

£100,000 + no more than 2 defendants

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10
Q

when must C serve certificate of service to court after service of Claim Form on D

Commencing

A

within 21 days (if D hasn’t acknowledged service)

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11
Q

when must C file copy of Particulars of Claim at court after service on D

Commencing

A

within 7 days

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12
Q

What is the form for acknowledgement of service and how long it extends defence deadline

Responding

A

N9
28 days from DDS

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13
Q

what is the time which C has to respond to a ‘money paid’ response from D

Responding

A

28 days - claim stayed if no response

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14
Q

time C files request for judgement after receiving notice of admission from D

Responding

A

14 days

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15
Q

Claim form deemed date of service

Statements of Case

A

2 business days after

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16
Q

all other (excluding CF) deemed dates of service

Statements of Case

A

Instantaneous before 4:30pm same day; non-instant next business day

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17
Q

Limitation period for serving Claim Form after stamped/issued

Statements of Case

A

4 months

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18
Q

When are Particulars of Claim to be served after the Claim Form

Statements of Case

A

14 days (within 4 months)

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19
Q

Defence to be served or acknowledgement of service after Particulars of claim deemed date of service

Statements of Case

A

14 days from deemed date of service of particulars of claim (same for counterclaim)

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20
Q

extension with acknowledgement of service

Statements of Case

A

28 days from Deemed date of service of particulars of claim

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21
Q

agreed extension for statements of case (length)

Statements of Case

A

further 28 days (56 days from deemed date of service of particulars of claim)

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22
Q

Where there is a claim for a contribution/indemnity from an existing party, time limit for not needing the court’s permission

Statements of Case

A

If not filed with the defence, then 28 days from when existing party files defence

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23
Q

Standard directions:

Days to serve application notice/evidence before hearing

Interim applications

A

3, ASAP, ASAP (24hr)
SERVICE = not less than 3 (applicant)
FURTHER EVIDENCE = asap (respondent), asap (applicant)
STATEMENT OF COSTS = 24 hours before

Interim applications

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24
Q

Extended directions (summary judgement and interim payments):

Days to serve application notice/evidence before hearing

Interim applications

A

14, 7, 3 (24hr)
SERVICE = at least 14 days before (applicant)
FURTHER EVIDENCE = 7 days (respondent), 3 days (applicant)
STATEMENT OF COSTS = 24 hours before

Interim applications

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25
Q

Respondent’s right to apply for a without notice application to be set aside (from service)

Interim applications

A

within 7 days

Interim applications

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26
Q

Form for interim application

Interim applications

A

N244

Interim applications

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27
Q

Pay judgement order / costs / certificate

Costs

A

14 days

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28
Q

what must parties do to prepare for assessed (summary) costs (i.e. fast track)

Costs

A

Parties must prepare statements of costs (form N260) & serve no less than 24 hours pre-hearing

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29
Q

Costs budget form

Costs

A

Precedent H

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30
Q

Budget discussion report form

Costs

A

Precedent R

31
Q

Form to amend costs budget

Costs

A

Precedent T

32
Q

Parties to apply for an order from the court to be set aside/varied

Case Management

A

Within 7 days of service

33
Q

How long can parties can agree to extend a time limit

Case Management

A

The parties can agree an extension of time of up to 28 days but the court’s permission is needed for a longer extension

Can’t compromise hearing

34
Q

How long can proceedings be stayed if both parties request in DQ? If only one party?

Case Management

A

One month /
Court considers if appropriate

35
Q

When do parties agree directions + draft directions before CMC and submit them

Multi-track

A

7 days before CMC

36
Q

When do you need to file a disclosure report

multi-track

A

Not less than 14 days before CMC (unless PI)

37
Q

(Costs management regime) Budgets filed and exchanged

Multi-track

A

21 days before CMC

38
Q

(Costs management regime) Budget discussion reports

Multi-track

A

> 7 days before CMC

39
Q

Court that will only hear Multi-Track cases

Multi-track

A

High court (given the value requirement)

40
Q

Directions Questionnaire form

Multi-track

A

N181

41
Q

Financial value of the claim

Small claims

A

<£10,000 or <£1,000 for damages against landlord
<£10,000 PI

42
Q

File and serve all documents to be relied on (abb. directions)

Small claims

A

14 days before final hearing

43
Q

Respond to a request for inspection (after written notice)

Small claims

A

7 days – unless reasons given (proportionality? Privilege?)

44
Q

DQ form

Small claims

A

N180

45
Q

Value of claims

fast-track

A

up to £25,000; no longer than a day; one oral expert per party only two fields

46
Q

Within how many weeks of allocation must parties do (standard directions):
1. Disclosure
2. Exchange of witness documents
3. Exchange expert witness reports
4. File pre-trial checklists
5. Trial date

Fast-track

A
  1. 4 weeks
  2. 10 weeks
  3. 14 weeks
  4. 22 weeks
  5. 30 weeks
47
Q

value of a claim

intermediate track

A

up to £100,000

48
Q

form of disclosure report

Disclosure

A

N263

49
Q

time to comply with an inspection notice from opponent

disclosure

A

7 days

50
Q

Extension agreed between parties for serving witness statements

Evidence

A

28 days (if doesn’t jeopardise trial date)

51
Q

Request cross-examination of a witness following notice of intent to rely on hearsay

Evidence

A

14 days after received notice

52
Q

Timeframe for asking an expert questions following the expert report

evidence

A

28 days from service

53
Q

When and who must experts share a copy of their questions to court?

evidence

A

The instructing party 7 days before
The other party 4 days before

54
Q

Minimum relevant period in p36 offers

Settlement

A

21 days

55
Q

Form for p36 (optional)

settlement

A

N242A

56
Q

Within what time must an offeree seek clarification of the terms of the p36 offer

settlement

A

7 days of service

57
Q

Deadline to appeal to court to change the terms of offer after accepted within the relevant period

settlement

A

7 days from notice of acceptance

58
Q

time to pay settlement after acceptance

settlement

A

14 days

59
Q

Pre-trial checklist (as part of standard directions)

trial, enforcement & appeals

A

form N170 (‘listing questionnaire”

60
Q

Days before the due date for filing is the pre-trial checklist sent to each party

trial, enforcement & appeals

A

14 days

61
Q

Submit trial bundle to court and all parties

trial, enforcement & appeals

A

No more than 7 days and no less that 3 days before a trial

62
Q

Deadline for sending list of authorities relied on

trial, enforcement & appeals

A

5pm day before hearing

63
Q

If not done by the court, when must a solicitor file a ‘drawn up’ judgement

trial, enforcement & appeals

A

7 days from becoming responsible

64
Q

When does a judgement become effective

trial, enforcement & appeals

A

As soon as it is made

65
Q

Interest rate on enforcement debts

trial, enforcement & appeals

A

8%

66
Q

Parties to comply with a payment order

trial, enforcement & appeals

A

14 days

67
Q

Serve notice personally on judgement debtor to attend court hearing

trial, enforcement & appeals

A

14 days

68
Q

Notice given by Enforcement Agent to judgement debtor before appropriating

trial, enforcement & appeals

A

7 days

69
Q

Time in which another owner of goods appropriated by EA can claim ownership in writing

trial, enforcement & appeals

A

7 days from appropriation

70
Q

Interim order (pt.1 of Charging order) when the hearing date for a final order will be set

trial, enforcement & appeals

A

At least 28 days

71
Q

Final order (pt.2 of Charging order) notice requirements

trial, enforcement & appeals

A

File interim order and application notice on 3pty at least 21 days before hearing; on judgement debtor not less than 7 days later and at least 7 days before hearing

72
Q

Applications for permission (with reasons) for appeal within what time from lower court decision

Appeals

A

21 days (and on the other party 7 days after being filed)

73
Q

Timeframe for serving claim form after issue out of jurisdiction

Appeals

A

6 months

TIme Limits (6 decks)

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