Time Limits Flashcards
Minimum no of claim forms needed to be submitted
2 - one for defendant, one for court
Number of days a solicitor must undertake to return documents obtained through a search order
2
Minimum notice before hearing for an interim hearing
3 days (if not notice given, opponent can apply to have it varied or set aside within 7 days)
When must trial bundles be filed before a hearing?
3-7 days
How long does a company have to comply with a shareholder’s request to inspect the register of members?
5 working days
How much notice must a creditor give a debtor before taking control of goods?
7 days
Under the Protocol, what is the minimum suggested time limit for responding to a claim?
14 days
If Particulars of Claim are not issued with the claim form, when must they be served?
Within 14 days of deemed service of claim form AND within the 4 month limitation period
When must a defendant respond to the Particulars of claim by?
14 days of deemed service
What is the effect of filing an acknowledgment of service?
It gives you another 14 days to admit claim or file the defence
How do you dispute jurisdiction?
Tick the box on the acknowledgment of service then apply to dispute jurisdiction with written evidence within 14 days
When must a response to a counterclaim be filed?
14 days
Minimum timescale the applicant for summary judgement to notify the respondant of the date fixed for the hearing and the issues to be decided
14 days
Minimum timescale for the applicant to serve written evidence on the other party for interim payment
Not less than 14 days before the hearing
When must non-personal injury multi-track cases prepare and submit discloure report?
In non-personal injury multi-track cases, parties must prepare and submit discloure report to be filed 14 days before CMC or with Directions Questionnaire
If party receives hearsay notice and wishes to summon witness whose wherabouts are known, they should make an application to court for witness summons within…
14 days
Within how many days of the issuance of the costs certificate by the court must the costs be paid
14 days
When must the Registrar of Companies be notified of changes in the membership or in its designated members?
Within 14 days of the change
A person may cease to be a member of an LLP by giving reasonable notice to the other members and giving notice to the Registrar within…
14 days
Registrar must be notified of any changes in directors and their details i.e. address within…
14 days
Notice of a general shareholders meeting must be given XX clear days before plus XX days for deemed service if not hand delivered.
14, 2, (meeting minus 15 days or minus 17 days)
Existing shareholders must be given at least XX days to accept exercising their pre-emption right
14
Annual confirmation statement must be filed XX days at the end of companies review period
14
The time limit for a defendant to respond in a personal injury claim
21 days
If the defendant does not respond to a personal injury letter of claim, the claimant ay issue proceedings after the XX-day limit has expired
21
Time limit to obtain permission to grant appeal from time judgement is handed down
21 days
If cost budget is more than 50,000, it must be filed…
21 days before CMC
After being served a bill of costs, the losing party has XX days to file points of dispute
21 days
If the losing party is not happy with provisional assessment of costs, it may request a detailed assessment in XX days
21
Minimum period of acceptance for a part 36 offer
21 days
if shareholders representing at least 5% of paid-up voting capital shares demand a meeting, directors must call it within XX days and hold within XX days
21, 28
Notice of annual meeting of public company
21 days
charges and mortgages against company assets must be registered at companies house within XX days of their creation
21
Extension to filing defence if agreed to by parties
28 days
Parties must return Directions Questionnaire within XX days of order
28, they cannot agree an extension
In fast-track, how many days from notice of allocation do parties have to make disclosure
28 days/ 4 weeks
Time limit for asking expert questions after receiving expert report
28 days
A notice to adopt a resolution to remove a director must be given at least XX days before the meeting and the director must be given notice and a right to respond in writing and orally.
28 days, ordinary resolution
The number of days after which a written shareholder resolution will lapse
28 days (including the day of circulation)
When does a pre-trial review hearing take place?
10 weeks before trial
Under the protocol, the suggested maximum time to respond (for complex claims)
3 months
If defendant indicates a wish to investigate personal injury claim and they indicate so within 21 days, how long do they have to investigate?
3 months
If court orders a detailed review of costs, the winning party must prepare and serve on losing party a bill of costs within…
3 months
time limit for serving a claim after it has been issued (UK)
4 months
When is an employee considered a preferential creditor
For unpaid wages or holiday pay in the prior 4 months
time limit for serving a claim after it has been issued (outside jurisdiction)
6 months
if an LLP carries on business without two members for more than xx months, they will be jointly and severally liable for debts after the initial xx month period
6, 6
When does Fast-track trial take place in weeks after the notice of allocation?
30 weeks
Time limit for claim for defamation
1 year
service contracts of directors must be kept at least XX after they leave
1 year
When must a claim for latent defects be brought?
6 years from accrual, 3 years from when the claimant knew/ought to have reasonably known, 15 year long stop
Time limit for personal injury or fatal accident claims
3 years
If a claimant in tort dies within 3 years, what is the limitation to bring a claim?
limitation is 3 years from the date of death and 3 years from the date of knowledge of the deceased personal representative
Time limit for a contract and tort claim
6 years
For how long must shareholder annual meeting minutes be kept
10 years
If someone is made bankrupt through dishonesty, negligence or recklessness, what is the max culpability order?
15 years
What costs are recoverable in small claims court?
£750 for expert witness only
How much can you pay a witness
travel expenses and £75 max for lost day of work (more than four hours)
Interest payable on High Court judgements
8%
Minimum to apply interest in County Court judgement
£5000
Minimum amount to try to enforce costs in High Court
£600
