DR - Timing of claims

Question 1

If the particulars of claim are not served with the claim form, when must they be served by?

Answer 1

• within 14 clear days of deemed service of the claim form
  AND
• within the 4 month deadline

Question 2

If the particulars of claim are not served with the claim form, when must they file a copy with the court?

Answer 2

7 days of service

Question 3

When is a Claim Form deemed served?

Answer 3

• second business day after the relevant step (e.g. posting, faxing etc.)

NOTE: important distinction between when a claim form is deemed served and when another document is deemed served. This can be important if the particulars of claim are not served in the claim for, or if they are served on the same day but are not within the claim form.

Question 4

Which days are not business days?

Answer 4

• Weekend
• bank holidays
• Good Friday
• Christmas Day

Question 5

What is the Deemed date of service for a document other than a claim form?

Answer 5

• Instant method (fax, email etc),
• served before 4.30 on
• a business day
  = deemed served on same day (if after 4.30 - next business day)

Non-instant method
- second day after posting

Question 6

Counting time: What does 14 days mean?

Answer 6

Means clear days which does not include the day of action

Question 7

Counting time: What does 14 days ending on an event mean?

Answer 7

that event is not included in counting days nor is the last day of counting (i.e. 3 days does not include the 3rd day).

Question 8

Counting time: which period of days do the special rules apply to?

Answer 8

5 days

Question 9

Counting time: Which days don’t count for periods of 5 days or less?

Answer 9

• Weekends
• Bank holidays
• Good Friday
• Christmas

Question 10

Counting time: what if the court is closed on the day?

Answer 10

the next day the office is open

Question 11

If the end of a period is defined by an event, is the day of that event included in the time limits?

Answer 11

No. e.g. 3 clear days before a hearing would not include the day of the hearing nor the 3rd day (so its 5 days in total).

But note, ‘14 clear days’ would end on the 14th day.

Question 12

Where the period is 5 days or less, which days do not count when counting time?

Answer 12

Saturdays, Sundays, Bank Holidays, Christmas Day, Good Friday

Question 13

What if the court office is closed on the day?

Answer 13

Where a deadline requires the court office and applying the normal rules results in a day when the court office is closed, then the relevant day is treated as the next day on which the court office is open.

Question 14

Are ‘bare denials’ acceptable?

Answer 14

No - if a defendant denies an allegation they must give a reason