Permissions, Notice, and Days for Applications Flashcards
Timeframe for defendant to respond to pre-action protocol notice for claim
Between 14 days and 3 months
Time given to defendants to investigate and respond to a claim before proceedings are issued
Up to 3 months
Time for a defendant to acknowledge letter of notification in PIP
Within 14 days
Time for a defendant to respond to letter of claim in PIP
Within 21 days
Time for indicating an objection to a named expert in PIP
Within 14 days
Of providing the list of experts
Time for putting written questions to expert after report
Within 28 days of the expert’s report
Is notice needed for commencing arbitration?
Yes
Must be in writing
Time for serving particulars of claim after claim form service
Within 14 days after service of the claim form
Time for serving a claim form after issue
Within 4 months after issue of claim form
Time for serving a claim for out of the jurisdiction
Within 6 months of issue
Application for extending time for compliance
Must be supported by evidence
May be made without notice
Is notice required for a claimant to serve claim form on a solicitor?
Def’s solicitor must notify the claimant in writing
When is the deemed service of a claim form?
Second business day after sending form
Deemed service of document via leaving it at permitted address
On that day (if before 4:30pm)
Next business day (if after 4:30pm)
Deemed service of document via fax
On that day (if before 4:30pm)
Next business day (if after 4:30pm)
Deemed service of document via email
On that day (if before 4:30pm)
Next business day (if after 4:30pm)
Time to file acknowledgment of service after claim form
Within 14 days after service of claim form
Permission required to remove, add or substitute a party if claim form has been served
Yes, court’s permission is required
Permission required to remove, add or substitute a party if claim form has not been served?
No permission required
Application for permission to add or sub a party
Must be supported by evidence
May be made without notice
Requires consent of person
Permission required to make a counterclaim against a claimant?
No- if filed counterclaim with defence
Yes- if not filed with defence
Notice required for defendant’s claim for contribution
Yes
Time to serve additional claim form on person
Within 14 days after additional claim was issued
Notice required for making an additional claim?
Yes
Must be filed with additional claim
Application and notice required to permit a child to conduct proceedings without a lit friend
Application required
May be made without notice
Permission required to make an application against a child before proceedings have started
Yes - if they have no litigation friend
Permission for settlement or payment on behalf of child
Yes, permission is always required
Tort limitation period
6 years
Contract limitation period
6 years
Contribution limitation period
2 years
Personal injury limitation period
3 years
Negligence where date of accrual unknown limitation period
6 years from cause of action
3 years form date of knowledge
Negligence limitation period
15 years
Judgment enforcement limitation period
6 years
Disability limitation period
6 years (from when they died or ceased to be disabled)
Statement of truth for particulars of claim?
Yes
Period for filing defence after particulars of claim
Within 14 days after service of particulars of claim
Period for filing defence if defendant has filed an acknowledgment of service
Within 28 days after service of particulars of claim
Permission for extending period for filing defence
Parties must agree
Written notice to court
Permission for amending statement of case before serving
Any time without permission
Permission for amending statement of case after being served
Written consent of parties
OR
Permission of court
Application to amend statements of case
Must file application notice with court
Within 14 days of permission, file the amended statement of case
Seeking further information from a a party
Serve a written request
Seeking a court order for further information after party refusal
No notice required for party
Court can deal with request without a hearing
Permission to vary a time limit
Written agreement of the parties
Notice of court’s intention to make an order of its own initiative
At least 3 days notice of the hearing
Days parties can agree to extend time for doing an act
Maximum of 28 days
Time for filing and exchanging budgets
No later than 21 days before first CMC
(also value less than £50,000)
Time for filing an agreed budget discussion report
No later than 7 days before first CMC
Notice for court giving provisional allocation
Court officer must serve a notice of proposed allocation on each party
Once defendant has filed a defence
Two or more defendants, and at least one of them files a defence
When will the court serve notice of allocation?
When all defendants have filed a defence
When period for filing last defence has expired
Time for filing and serving documents required by small claims track allocation notice
At least 14 days after notice
Time for filing and serving documents required by fast/multi claims track allocation notice
At least 28 days
Time court will stay proceedings for ADR after filing directions questionnaire
Stay for one month
Notice after allocating claim to a track?
Yes, the court will serve a notice of allocation on every party
Time for parties agreeing and submitting appropriate directions before CMC
At least 7 days before CMC
Time for filing pre-trial check list
Within 7 days from service of order
Time for court to serve pre-trial review notice
At least 7 days before date
Party permission for the court proposing to make an order on its own initiative
Parties must have consented in writing to the order
Time for applying to vary a court direction
Within 14 days of service of the directions
Changing court directions
Party must apply within 14 days of the direction
Permission to discontinue a claim?
No
Only if the court has granted an interim injunction, or given an undertaking
Notice for discontinuing a claim
Yes, party must file and serve a notice of discontinuance on every party
Time for defendant to set aside notice of discontinuance
Within 28 days of notice of discontinuance
Permission to make a claim if claimant has already discontinued a claim
Yes, court permission is required (if the facts are the same)
Defendant’s application for an interim remedy before filing acknowledgment of service or defence
Cannot do so
Must file AoS or defence
Notice for granting interim remedy
Must give notice
Can only not give notice if urgent
Application for interim remedy requirements
Usually with notice (unless urgent)
Must be supported by evidence
Application for interim payment before period for filing an acknowledgment of service
Cannot apply for an interim payment under these circumstances
Notice required for interim payment application
Yes
Time for serving application notice for interim payment
At least 14 days before hearing
Must be supported by evidence
Time for respondent to interim payment application to file and serve evidence
At least 7 days before hearing
Time for applicant to rely on written evidence in reply to respondents, in an interim payment application
At least 3 days before the hearing
Obtaining default judgment
File a request with the court for default judgment
Feature of application to set aside default judgment
Should be made promptly
What must be included in an application notice
What order is being sought
Why the order is being sought
Time for serving a copy of application notice
As soon as practicable after filing
AND
Within 3 days before hearing
Circumstances for dealing with an application without a hearing
If the parties agree the terms of the order
If the parties agree to dispense with the hearing
Circumstances for applications without notice
Extreme urgency
Furthering the overriding objective
Consent of all parties
Permission of the court
When should informal notification of an application be given?
When an application notice was not served due to urgency
Inform notice should not be given if the application requires secrecy
Application for summary judgment before defendant has filed acknowledgment of service or defence
Court must give permission
Time for notice to respondent after fixing summary judgment hearing
At least 14 days notice of hearing
Time for application notice of summary judgment to respondent
At least 14 days before hearing
Application for security of costs
Can only be made by defendants
Must be supported by written evidence
Time for filing and serving a disclosure statement before the first CMC
Within 14 days of the first CMC
Time for parties to discuss and agree a proposal relating to disclosure before the first CMC
Within 7 days of the first CMC
Time for permitting inspection of document after disclosure
Within 7 days of receiving notice to inspect document
Application for pre-action disclosure
Must be supported by evidence
Application for disclosure from a non-party
Must be supported by evidence
Permission for use of documents not in proceedings
Must gain court permission
OR
Document has been read to court
OR
Other party agrees
Time for a party to comply with a costs order
Within 14 days of the order being made
Permission for enforcing a QOCS order
No permission required to enforce QOCS
Which QOCS exception requires court permission to use?
Where, on the balance of probabilities, there has been fundamental dishonesty
Permission is required
Which QOCS exception does not require court permission to use?
Where the claim has been struck out
No permission is required
Form of a Part 36 order
Must be in writing
Make clear that it is pursuant to Part 36
Specify a period of 21 days
Time for requesting clarification of a Part 36 offer
Within 7 days of the Part 36 being made
Notice and permission for withdrawing or changing terms of a Part 36 offer after expiry
Notice is required
Don’t need permission
Notice and permission for withdrawing or changing terms of a Part 36 offer before expiry
Notice is required
Don’t need permission
Notice and permission for withdrawing or changing terms of ACCEPTED Part 36 offer before expiry
Offeror must apply to court for permission within 7 days of notice of acceptance
Notice for accepting Part 36 offer before expiry
Must give written notice of acceptance
Notice for accepting Part 36 offer after expiry/during trial
Must give written notice of acceptance
Must apply for court’s permission
Time for a party to file an order or judgment
Within 7 days after the date the court permitted them to draw it up
Notice for correcting an error or omission in a judgment or order
Application without notice
Permission to appeal against a judgment
Yes permission is required
Exceptions to needing permission to appeal
For a committal order
Refusal to grant habeas corpus
Time for filing an appellant’s notice on the respondent
As soon as practicable
AND
Within 7 days
Is a respondent’s notice required for an appeal?
No, unless they seek permission to appeal from the appeal court
OR
Wish to uphold the decision of the lower court for different reasons
Permission for obtaining transcripts for appeal
Only a request is required
Application for varying time limit for filing appeal notice
Application must be made to appeal court
Obtaining enforcement of a High Court judgment or County Court order
Application to the High Court for transfer of proceedings
Application to order a judgment debtor to attend court for an information hearing
Doesn’t require notice
Application for a third party debt order
May be made without notice
Must be verified by a statement of truth
Permission to call an expert to put in evidence
Must have court’s permission
Permission to rely on expert evidence used in previous proceedings
No permission required
Time for putting written questions about an expert’s report
Within 28 days of service
Permission to put forward questions to an expert not for the purpose of clarification
Need court permission
OR
Other party agrees
Permission to amplify witness statement
Court permission is needed
Permission to cross-examine a person giving evidence
Requires court permission
Permission to use a witness summary, instead of a witness statement
Permission is required, but without notice
Time for serving notice to admit facts
At least 21 days before trial
Requirement for getting another party to admit facts
Must serve notice
Must be at least 21 days before trial
Notice for serving a witness statement and witness is present
No notice required
Notice where witness statement is served, but witness is not present
Must inform the other parties that the witness is not being called
AND
Give the reasons why
Notice where no witness is served, and no witness is present
Must serve notice on parties identifying the hearsay evidence
Must serve notice no later than the latest date for serving written statements
Time for applying for permission to cross-examine hearsay evidence
Within 14 days of the notice of intention to rely on hearsay
Notice and time for attacking credibility of person who made statement
Must give notice
Within 14 days of hearsay notice
Notice and time for proposal to put in evidence such as a plan, photo or model
Must give notice
At least 21 days before hearing
Permission and time for obtaining witness summons
Must obtain permission
At least 7 days before date of trial
Time for serving a witness summons
At least 7 days before trial
Obtaining permission to use a deposition
Party must apply for a person to be examined for a deposition
Notice and time to use a deposition at a hearing
Party must serve notice of intention on every party
At least 21 days before hearing
Time for serving witness summary
Within the period in which a witness statement would be served
Time for filing a draft order
Should be filed with the court two hours before the hearing
