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BTC- Civil Litigation > Permissions, Notice, and Days for Applications > Flashcards

Permissions, Notice, and Days for Applications Flashcards

1
Q

Timeframe for defendant to respond to pre-action protocol notice for claim

A

Between 14 days and 3 months

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2
Q

Time given to defendants to investigate and respond to a claim before proceedings are issued

A

Up to 3 months

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3
Q

Time for a defendant to acknowledge letter of notification in PIP

A

Within 14 days

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4
Q

Time for a defendant to respond to letter of claim in PIP

A

Within 21 days

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5
Q

Time for indicating an objection to a named expert in PIP

A

Within 14 days

Of providing the list of experts

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6
Q

Time for putting written questions to expert after report

A

Within 28 days of the expert’s report

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7
Q

Is notice needed for commencing arbitration?

A

Yes

Must be in writing

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8
Q

Time for serving particulars of claim after claim form service

A

Within 14 days after service of the claim form

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9
Q

Time for serving a claim form after issue

A

Within 4 months after issue of claim form

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10
Q

Time for serving a claim for out of the jurisdiction

A

Within 6 months of issue

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11
Q

Application for extending time for compliance

A

Must be supported by evidence

May be made without notice

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12
Q

Is notice required for a claimant to serve claim form on a solicitor?

A

Def’s solicitor must notify the claimant in writing

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13
Q

When is the deemed service of a claim form?

A

Second business day after sending form

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14
Q

Deemed service of document via leaving it at permitted address

A

On that day (if before 4:30pm)

Next business day (if after 4:30pm)

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15
Q

Deemed service of document via fax

A

On that day (if before 4:30pm)

Next business day (if after 4:30pm)

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16
Q

Deemed service of document via email

A

On that day (if before 4:30pm)

Next business day (if after 4:30pm)

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17
Q

Time to file acknowledgment of service after claim form

A

Within 14 days after service of claim form

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18
Q

Permission required to remove, add or substitute a party if claim form has been served

A

Yes, court’s permission is required

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19
Q

Permission required to remove, add or substitute a party if claim form has not been served?

A

No permission required

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20
Q

Application for permission to add or sub a party

A

Must be supported by evidence

May be made without notice

Requires consent of person

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21
Q

Permission required to make a counterclaim against a claimant?

A

No- if filed counterclaim with defence

Yes- if not filed with defence

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22
Q

Notice required for defendant’s claim for contribution

A

Yes

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23
Q

Time to serve additional claim form on person

A

Within 14 days after additional claim was issued

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24
Q

Notice required for making an additional claim?

A

Yes

Must be filed with additional claim

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25
Q

Application and notice required to permit a child to conduct proceedings without a lit friend

A

Application required

May be made without notice

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26
Q

Permission required to make an application against a child before proceedings have started

A

Yes - if they have no litigation friend

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27
Q

Permission for settlement or payment on behalf of child

A

Yes, permission is always required

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28
Q

Tort limitation period

A

6 years

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29
Q

Contract limitation period

A

6 years

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30
Q

Contribution limitation period

A

2 years

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31
Q

Personal injury limitation period

A

3 years

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32
Q

Negligence where date of accrual unknown limitation period

A

6 years from cause of action

3 years form date of knowledge

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33
Q

Negligence limitation period

A

15 years

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34
Q

Judgment enforcement limitation period

A

6 years

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35
Q

Disability limitation period

A

6 years (from when they died or ceased to be disabled)

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36
Q

Statement of truth for particulars of claim?

A

Yes

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37
Q

Period for filing defence after particulars of claim

A

Within 14 days after service of particulars of claim

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38
Q

Period for filing defence if defendant has filed an acknowledgment of service

A

Within 28 days after service of particulars of claim

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39
Q

Permission for extending period for filing defence

A

Parties must agree

Written notice to court

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40
Q

Permission for amending statement of case before serving

A

Any time without permission

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41
Q

Permission for amending statement of case after being served

A

Written consent of parties
OR
Permission of court

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42
Q

Application to amend statements of case

A

Must file application notice with court

Within 14 days of permission, file the amended statement of case

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43
Q

Seeking further information from a a party

A

Serve a written request

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44
Q

Seeking a court order for further information after party refusal

A

No notice required for party

Court can deal with request without a hearing

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45
Q

Permission to vary a time limit

A

Written agreement of the parties

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46
Q

Notice of court’s intention to make an order of its own initiative

A

At least 3 days notice of the hearing

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47
Q

Days parties can agree to extend time for doing an act

A

Maximum of 28 days

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48
Q

Time for filing and exchanging budgets

A

No later than 21 days before first CMC

(also value less than £50,000)

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49
Q

Time for filing an agreed budget discussion report

A

No later than 7 days before first CMC

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50
Q

Notice for court giving provisional allocation

A

Court officer must serve a notice of proposed allocation on each party

Once defendant has filed a defence

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51
Q

Two or more defendants, and at least one of them files a defence

When will the court serve notice of allocation?

A

When all defendants have filed a defence

When period for filing last defence has expired

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52
Q

Time for filing and serving documents required by small claims track allocation notice

A

At least 14 days after notice

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53
Q

Time for filing and serving documents required by fast/multi claims track allocation notice

A

At least 28 days

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54
Q

Time court will stay proceedings for ADR after filing directions questionnaire

A

Stay for one month

55
Q

Notice after allocating claim to a track?

A

Yes, the court will serve a notice of allocation on every party

56
Q

Time for parties agreeing and submitting appropriate directions before CMC

A

At least 7 days before CMC

57
Q

Time for filing pre-trial check list

A

Within 7 days from service of order

58
Q

Time for court to serve pre-trial review notice

A

At least 7 days before date

59
Q

Party permission for the court proposing to make an order on its own initiative

A

Parties must have consented in writing to the order

60
Q

Time for applying to vary a court direction

A

Within 14 days of service of the directions

61
Q

Changing court directions

A

Party must apply within 14 days of the direction

62
Q

Permission to discontinue a claim?

A

No

Only if the court has granted an interim injunction, or given an undertaking

63
Q

Notice for discontinuing a claim

A

Yes, party must file and serve a notice of discontinuance on every party

64
Q

Time for defendant to set aside notice of discontinuance

A

Within 28 days of notice of discontinuance

65
Q

Permission to make a claim if claimant has already discontinued a claim

A

Yes, court permission is required (if the facts are the same)

66
Q

Defendant’s application for an interim remedy before filing acknowledgment of service or defence

A

Cannot do so

Must file AoS or defence

67
Q

Notice for granting interim remedy

A

Must give notice

Can only not give notice if urgent

68
Q

Application for interim remedy requirements

A

Usually with notice (unless urgent)

Must be supported by evidence

69
Q

Application for interim payment before period for filing an acknowledgment of service

A

Cannot apply for an interim payment under these circumstances

70
Q

Notice required for interim payment application

A

Yes

71
Q

Time for serving application notice for interim payment

A

At least 14 days before hearing

Must be supported by evidence

72
Q

Time for respondent to interim payment application to file and serve evidence

A

At least 7 days before hearing

73
Q

Time for applicant to rely on written evidence in reply to respondents, in an interim payment application

A

At least 3 days before the hearing

74
Q

Obtaining default judgment

A

File a request with the court for default judgment

75
Q

Feature of application to set aside default judgment

A

Should be made promptly

76
Q

What must be included in an application notice

A

What order is being sought

Why the order is being sought

77
Q

Time for serving a copy of application notice

A

As soon as practicable after filing
AND
Within 3 days before hearing

78
Q

Circumstances for dealing with an application without a hearing

A

If the parties agree the terms of the order

If the parties agree to dispense with the hearing

79
Q

Circumstances for applications without notice

A

Extreme urgency

Furthering the overriding objective

Consent of all parties

Permission of the court

80
Q

When should informal notification of an application be given?

A

When an application notice was not served due to urgency

Inform notice should not be given if the application requires secrecy

81
Q

Application for summary judgment before defendant has filed acknowledgment of service or defence

A

Court must give permission

82
Q

Time for notice to respondent after fixing summary judgment hearing

A

At least 14 days notice of hearing

83
Q

Time for application notice of summary judgment to respondent

A

At least 14 days before hearing

84
Q

Application for security of costs

A

Can only be made by defendants

Must be supported by written evidence

85
Q

Time for filing and serving a disclosure statement before the first CMC

A

Within 14 days of the first CMC

86
Q

Time for parties to discuss and agree a proposal relating to disclosure before the first CMC

A

Within 7 days of the first CMC

87
Q

Time for permitting inspection of document after disclosure

A

Within 7 days of receiving notice to inspect document

88
Q

Application for pre-action disclosure

A

Must be supported by evidence

89
Q

Application for disclosure from a non-party

A

Must be supported by evidence

90
Q

Permission for use of documents not in proceedings

A

Must gain court permission
OR
Document has been read to court
OR
Other party agrees

91
Q

Time for a party to comply with a costs order

A

Within 14 days of the order being made

92
Q

Permission for enforcing a QOCS order

A

No permission required to enforce QOCS

93
Q

Which QOCS exception requires court permission to use?

A

Where, on the balance of probabilities, there has been fundamental dishonesty

Permission is required

94
Q

Which QOCS exception does not require court permission to use?

A

Where the claim has been struck out

No permission is required

95
Q

Form of a Part 36 order

A

Must be in writing

Make clear that it is pursuant to Part 36

Specify a period of 21 days

96
Q

Time for requesting clarification of a Part 36 offer

A

Within 7 days of the Part 36 being made

97
Q

Notice and permission for withdrawing or changing terms of a Part 36 offer after expiry

A

Notice is required

Don’t need permission

98
Q

Notice and permission for withdrawing or changing terms of a Part 36 offer before expiry

A

Notice is required

Don’t need permission

99
Q

Notice and permission for withdrawing or changing terms of ACCEPTED Part 36 offer before expiry

A

Offeror must apply to court for permission within 7 days of notice of acceptance

100
Q

Notice for accepting Part 36 offer before expiry

A

Must give written notice of acceptance

101
Q

Notice for accepting Part 36 offer after expiry/during trial

A

Must give written notice of acceptance

Must apply for court’s permission

102
Q

Time for a party to file an order or judgment

A

Within 7 days after the date the court permitted them to draw it up

103
Q

Notice for correcting an error or omission in a judgment or order

A

Application without notice

104
Q

Permission to appeal against a judgment

A

Yes permission is required

105
Q

Exceptions to needing permission to appeal

A

For a committal order

Refusal to grant habeas corpus

106
Q

Time for filing an appellant’s notice on the respondent

A

As soon as practicable
AND
Within 7 days

107
Q

Is a respondent’s notice required for an appeal?

A

No, unless they seek permission to appeal from the appeal court
OR
Wish to uphold the decision of the lower court for different reasons

108
Q

Permission for obtaining transcripts for appeal

A

Only a request is required

109
Q

Application for varying time limit for filing appeal notice

A

Application must be made to appeal court

110
Q

Obtaining enforcement of a High Court judgment or County Court order

A

Application to the High Court for transfer of proceedings

111
Q

Application to order a judgment debtor to attend court for an information hearing

A

Doesn’t require notice

112
Q

Application for a third party debt order

A

May be made without notice

Must be verified by a statement of truth

113
Q

Permission to call an expert to put in evidence

A

Must have court’s permission

114
Q

Permission to rely on expert evidence used in previous proceedings

A

No permission required

115
Q

Time for putting written questions about an expert’s report

A

Within 28 days of service

116
Q

Permission to put forward questions to an expert not for the purpose of clarification

A

Need court permission
OR
Other party agrees

117
Q

Permission to amplify witness statement

A

Court permission is needed

118
Q

Permission to cross-examine a person giving evidence

A

Requires court permission

119
Q

Permission to use a witness summary, instead of a witness statement

A

Permission is required, but without notice

120
Q

Time for serving notice to admit facts

A

At least 21 days before trial

121
Q

Requirement for getting another party to admit facts

A

Must serve notice

Must be at least 21 days before trial

122
Q

Notice for serving a witness statement and witness is present

A

No notice required

123
Q

Notice where witness statement is served, but witness is not present

A

Must inform the other parties that the witness is not being called
AND
Give the reasons why

124
Q

Notice where no witness is served, and no witness is present

A

Must serve notice on parties identifying the hearsay evidence

Must serve notice no later than the latest date for serving written statements

125
Q

Time for applying for permission to cross-examine hearsay evidence

A

Within 14 days of the notice of intention to rely on hearsay

126
Q

Notice and time for attacking credibility of person who made statement

A

Must give notice

Within 14 days of hearsay notice

127
Q

Notice and time for proposal to put in evidence such as a plan, photo or model

A

Must give notice

At least 21 days before hearing

128
Q

Permission and time for obtaining witness summons

A

Must obtain permission

At least 7 days before date of trial

129
Q

Time for serving a witness summons

A

At least 7 days before trial

130
Q

Obtaining permission to use a deposition

A

Party must apply for a person to be examined for a deposition

131
Q

Notice and time to use a deposition at a hearing

A

Party must serve notice of intention on every party

At least 21 days before hearing

132
Q

Time for serving witness summary

A

Within the period in which a witness statement would be served

133
Q

Time for filing a draft order

A

Should be filed with the court two hours before the hearing

BTC- Civil Litigation (19 decks)

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