Time Limits Flashcards
1
Q
With how many weeks from standard directions does the trial happen?
A
30 weeks
2
Q
What is the time limit for actions founded on tort?
A
6 years. An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.
3
Q
What is the time limit for actions founded on simple contract?
A
6 years. An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.
4
Q
What is the time limit for An action in respect of breach of the term implied into a contract of insurance by section 13A of the Insurance Act 2015 (late payment of claims)?
A
May not be brought after the expiration of one year from the date on which the insurer has paid all the sums referred to in subsection (1) of that section.
(Any payment which extinguishes an insurer’s liability to pay a sum referred to in section 13A of the Insurance Act 2015 is to be treated for the purposes of this section as payment of that sum. )
5
Q
What is the special time limit for claiming contribution?
A
No action to recover contribution by virtue of right shall be brought after the expiration of two years from the date on which that right accrued. (The relevant date is the date of judgment or award that gave rise to the damages).
If the right to recover contribution arises from an agreement to settle (whether liability be admitted or not) then the relevant date is the date of agreement, not the date of payment. If payment into court (now a Part 36 offer) is made and accepted, the relevant date would be the date of acceptance.
An interim payment does not trigger the two-year limitation period. The “relevant date” within the meaning of s.10(4) is the date of the agreement of the final sum in quantification of the damage.
6
Q
What is the time limit for a Personal Injury Claim?
A
3 years from:
• date of death, or
• date of dependent’s knowledge of death
7
Q
On what date does time start to run?
A
Time generally starts to run on the day following the date of accrual of the cause of action. Parts of days are disregarded.
In actions for breach of contract the cause of action accrues on the date of the relevant breach (e.g. where a contract was breached on 20th August, time will start to run that night, at midnight, that being the start of the day following the date of accrual).
In respect of torts which are actionable without proof of damage (‘actionable per se’), libel for example, the cause of action accrues on the date of the wrongful act.
In the case of torts requiring proof of damage (except personal injury, fatal accidents and conversion) the cause of action accrues on the date on which the damage occurred. Exceptions may be made in cases involving latent damage.
8
Q
On what date will the limitation period expire?
A
The anniversary of the breach. But time will cease to run on the date that the Claimant issues proceedings.
9
Q
Can the limitation period be disapplied?
A
Yes. Although other examples exist, probably the most important is the discretionary power of the court, under LA 1980, s.33, to disapply the limitation period in personal injuries cases.
10
Q
What are the time limits for latent damages?
A
Ss 14A and 14B apply to negligence actions other than those involving personal injuries. Although latent damage is often a problem in relation to defective buildings, these provisions apply to all types of non-personal injuries negligence cases. Thus, s.14A provides for two alternative periods, that is, six years from accrual, or, if expiring later, three years from the starting date. Under s.14B, both periods are subject to a long stop period of 15 years.
11
Q
What difference does disability have on limitation periods?
A
Time does not run against a person under disability on the date the cause of action accrued. There are two categories of person under disability, namely, children (persons under the age of 18), and persons of unsound mind (persons who, by reason of a lack of capacity, are “unable to make a decision for [themselves] in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain”).
12
Q
What effect does fraud have on limitation periods?
A
The limitation period is postponed in the case of fraud, concealment, or mistake.
13
Q
How does Limitation operate in practice?
A
Limitation is a defence. It should be remembered that the fact that the limitation period has expired does not prevent a Claimant from issuing a claim. The Defendant, however, can defeat the claim if he or she chooses to plead limitation as a defence. If the Defendant fails to do so the Claimant can succeed on the claim.
14
Q
What is the limitation period in Sexual Abuse cases?
A
A claim for damages for personal injuries caused by a sexual assault had a limitation period of three years from the date when the victim first considered the injury sufficiently serious to justify proceedings (although judges could extend that period if thought equitable). In determining that date, the test was whether a reasonable person with the claimant’s knowledge would have considered the injury sufficiently serious. Such personal characteristics of the claimant as might have prevented him from acting as a reasonable person would have were a matter for any exercise of judicial discretion.
15
Q
What is the limitation period for a claim of Fraudulent Breach of Trust?
A
None
16
Q
What is the limitation period for a claim of Recovery of Land?
A
12 years
17
Q
What is the limitation period for a claim of Recovery of money secured by mortgage?
A
12 years
18
Q
What is the limitation period for a claim of Specialty?
A
12 years
19
Q
What is the limitation period for a claim of Recovery of a sum due under statute?
A
6 years
20
Q
What is the limitation period for a claim of enforcement of a judgement?
A
6 years
21
Q
What is the limitation period for a claim of Recovery of trust property and breach of trust?
A
6 years
22
Q
What is the limitation period for a claim of Recovery of areas of rent?
A
6 years
23
Q
What is the limitation period for a claim of Defamation?
A
1 year
24
Q
What is the limitation period for a claim of Human Rights claims?
A
1 year
25
What is the limitation period for a claim for Judicial Review?
3 months
26
What is the limitation period for a claim of Unfair Dismissal?
3 months
27
How long does the defendant have to respond to the claimants initial letter of claim?
14 days in a straight-forward case, no more than 3 months in a very complex one.
28
What is the range of time for the defendant to investigate and respond?
The period for the defendant to investigate and respond (which varies between the protocols from 14 days—Media and Communications, Construction and Judicial Review to three months—Personal Injury, Clinical Negligence and Professional Negligence) can be varied by the parties by consent.
29
How long does a defendant have to investigate and respond in a Personal Injury Case?
3 months
30
When a defendant received a personal injury claim letter, how long do they have to pass the second copy to insurers?
As soon as possible, and, in any event, within 7 days of the day upon which the defendant received it.
31
How long does a defendant have to respond with their insurers details in a PI case? (Read)
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As part of the acknowledgement – The defendant must reply within 21 calendar days of the date of posting of the letter identifying the insurer (if any). If the insurer is aware of any significant omissions from the letter of claim they should identify them specifically. Similarly, if they are aware that another defendant has also been identified whom they believe would not be a correct defendant in any proceedings, they should notify the claimant without delay, with reasons, and in any event by the end of the Response period. Where there has been no reply by the defendant or insurer within 21 days, the claimant will be entitled to issue proceedings. Compliance with this paragraph will be taken into account on the question of any assessment of the defendant’s costs.
The defendant (insurer) will have a maximum of three months from the date of acknowledgment of the Letter of Claim (or of the CNF where the claim commenced in a portal) to investigate. No later than the end of that period, The defendant (insurer) should reply by no later than the end of that period, stating if liability is admitted by admitting that the accident occurred, that the accident was caused by the defendant’s breach of duty, and the claimant suffered loss and there is no defence under the Limitation Act 1980.
If a defendant denies liability and/or causation, their version of events should be supplied. The defendant should also enclose with the response, documents in their possession which are material to the issues between the parties, and which would be likely to be ordered to be disclosed by the court, either on an application for pre-action disclosure, or on disclosure during proceedings. No charge will be made for providing copy documents under the Protocol.
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32
If the defendant admits liability in a PI case, how soon after should proceedings be commenced?
21 days. The Claimant should first send the defendant:
a. any medical reports obtained under this Protocol on which the claimant relies; and
b. a schedule of any past and future expenses and losses which are claimed, even if the schedule is necessarily provisional.
The claimant should delay issuing proceedings for 21 days from disclosure of (a) and (b) above (unless such delay would cause his claim to become time-barred), to enable the parties to consider whether the claim is capable of settlement.
33
In PI claims, how many days does the defendant have to acknowledge the claim letter? (then how many days to respond)
The defendant is asked to acknowledge the letter of claim within 21 days of receipt and respond in full within three months of the acknowledgment, either admitting or denying liability with reasons.
34
What does the PI protocol say in regards to experts?
The protocol specifically requires the parties to co-operate on the selection of an expert, especially the medical expert providing a condition and prognosis report on the accident victim. The protocol requires the claimant to give the defendant the name of more than one suitable expert. If the defendant does not object to at least one of those named within 14 days, the claimant will then instruct the expert to prepare a report.
35
Who is responsible for accessing the Claimant’s medical records in PI claims?
The personal injury protocol also recommends that the claimant’s solicitor should be responsible for organising access to the claimant’s medical records
36
How do you calculate any period of “clear days”?
(3) In this rule “clear days” means that in computing the number of days—
a. the day on which the period begins; and
b. if the end of the period is defined by reference to an event, the day on which that event occurs,
are not included.
(4) Where the specified period—
a. is 5 days or less; and
b. includes—
I. a Saturday or Sunday; or
II. a Bank Holiday, Christmas Day or Good Friday,
that day does not count.
When a step has to be taken within a period described as “beginning with” a specified day, then that day is included in the period; but if the period is described as running “from” or “after” a specified day, then that day is not included in the period. It is expressly provided that, if an email is received after 4pm the email will be treated as received, and any documents to the email will be treated as filed, on the next day the court office is open.
37
What if an email is received by the court after 4pm?
It is expressly provided that, if an email is received after 4pm the email will be treated as received, and any documents to the email will be treated as filed, on the next day the court office is open
38
What is deemed service?
A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).
39
How long after the claim form is served must the claimant serve the PoC (if not included)?
Within 14 days after service of the claim form. But no later than the latest time for serving a claim form.
40
After serving the PoC on the defendant, if one hasn’t already been filed at court, how long does the claimant have to do so?
Within 7 days of service on the defendant
41
If Claimant is serving, how long after issue must the claim for be served?
Where the claimant is serving the claim form, the relevant step must be completed before 00:00 (midnight) on the calendar day 4 months after the date of issue of the claim form.
Posting, leaving with, delivering to or collection by the relevant service provider.
Delivering to or leaving the doc at the relevant place.
Completing the relevant step for personal service
Completing the transmission of the fax
Sending the email or other electronic transmission.
42
How long does the defendant have to file acknowledgement of service of a Part8 claim form?
8. 3(1)The defendant must—
a. file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and
b. serve the acknowledgment of service on the claimant and any other party.
(2) The acknowledgment of service must state—
a. whether the defendant contests the claim; and
b. if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.
43
Can time limits be varied by the parties?
Unless these Rules or a practice direction provide otherwise or the court orders otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.
44
If the court is to make an order of its own initiative, to have a hearing to decide the issue, how much notice must the parties get?
At least 3 days
45
When should legally represented parties file and exchange budgets?
a. where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or
b. in any other case, not later than 21 days before the first case management conference.
An agreed budget discussion report should be filed no later than 7 days before the first CCMC.
Litigants in person are not required to file budgets, but are entitled to receive a copy of any represented party.
46
How many days after the proposed allocation notice must the parties file and serve the documents required within it? (directions questionnaire)
Each party must file, and serve on all other parties, the documents required by the notice by no later than the date specified in it; and the date specified will be:
- if the notice relates to the small claims track, at least 14 days; or
- if the notice relates to the fast track or multi-track, at least 28 days, after the date when it is deemed to be served on the party in question.
47
What happens if a party fails to comply with a directions questionnaire within the given time?
The court will serve a further notice on that party, requiring them to comply within 7 days; and if that party fails to comply with the notice served, the party’s statement of case will be struck out without further order of the court.
8. If a claim is a claim to which rule 26.2 applies and a party does not comply with the notice served under rule 26.3(1) by the date specified, the court will make such order as it considers appropriate, including –
a. an order for directions;
b. an order striking out the claim;
c. an order striking out the defence and entering judgment; or
d. listing the case for a case management conference.
48
How long is a stay to allow for settlement of the case if agreed by all parties?
1 month. (The court may extend the stay until such date or for such specified period as it considers appropriate.)
49
How much notice does the court need to give to cancel a review if it is no longer necessary on receipt of the parties’ pre-trial checklists?
If, on receipt of the parties’ pre-trial check lists, the court decides –
a. to hold a pre-trial review; or
b. to cancel a pre-trial review which has already been fixed,
it will serve notice of its decision at least 7 days before the date fixed for the hearing or, as the case may be, the cancelled hearing.
50
How long does a party have to apply to vary directions given at a CCMC?
14 days.
The court will assume for the purposes of any later application that a party who did not appeal, and who made no application to vary within 14 days of service of the order containing the directions, was content that they were correct in the circumstances then existing.
51
If a party does apply to amend CCMC directions, how much notice will they receive of the hearing to hear the judge’s decision?
3 days. If an application is made for the court to reconsider its decision:
a. it will usually be heard by the judge who gave the directions or another judge of the same level,
b. the court will give all parties at least 3 days’ notice of the hearing, and
c. the court may confirm its directions or make a different order.
Where there has been a change in the circumstances since the order was made the court may set aside or vary a direction it has given. It may do so on application or on its own initiative.
52
When will the date for filing a pre-trial checklist be?
The date for filing the completed pre-trial check list will be not later than 8 weeks before the trial date or the start of the trial period.
53
Once pre-trial checklists are received (not later than 8 weeks before trial) when will the court serve them on the other parties?
At least 14 days before trial.
54
Where a party does not file a pre-trial checklist in time (8 weeks prior to trial) how long may a court extend this by?
1. Where no party files a pre-trial checklist the court will order that unless a completed pre-trial checklist is filed within 7 days from service of that order, the claim, defence and any counterclaim will be struck out without further order of the court.
2. Where a party files a pre-trial check list but another party (the defaulting party) does not do so, the court will fix a hearing under rule 29.6(4). Whether or not the defaulting party attends the hearing, the court will normally fix or confirm the trial date and make other orders about the steps to be taken to prepare the case for trial. (at least 3 days’ notice of hearing)
55
If the court decides to hold a pre-trial review, how much notice will the parties receive?
At least 7 days’ notice of the date.
56
A date for compliance will be specified on the notice of proposed allocation. What is the minimum number of days the parties will be given to comply with the specified matters, if the notice relates to: Small Claims Track
(a) Small Claims Track – at least 14 days after the date when it is deemed to be served on the party in question. (CPR 26.3(6)(b)(i))
57
A date for compliance will be specified on the notice of proposed allocation. What is the minimum number of days the parties will be given to comply with the specified matters, if the notice relates to: Fast Track
(b) Fast Track – at least 28 days after the date when it is deemed to be served on the party in question. (CPR 26.3(6)(b)(ii))
58
A date for compliance will be specified on the notice of proposed allocation. What is the minimum number of days the parties will be given to comply with the specified matters, if the notice relates to: Multi-Track
(c) Multi-Track – at least 28 days after the date when it is deemed to be served on the party in question. (CPR 26.3(6)(b)(ii))
59
How long after filing an application notice does a party have to serve it on the other party?
A copy of the application notice must be served as soon as practicable after it has been issued and, if there is to be a hearing, at least 3 days before the hearing date.
60
A person who was not served with a copy of the application notice before an order was made without notice, may apply to have the order set aside or varied. Within what time?
An application under this rule must be made within 7 days after the date on which the order was served on the person making the application.
61
When should an application notice be made?
Every application should be made as soon as it becomes apparent that it is necessary or desirable to make it.
Applications should wherever possible be made so that they can be considered at any other hearing for which a date has already been fixed or for which a date is about to be fixed. This is particularly so in relation to case management conferences, allocation and listing hearings and pre-trial reviews fixed by the court.
62
How long after filing an application notice does a party have to serve it on the other party if there is to be a telephone hearing?
here there is to be a telephone hearing the application notice must be served as soon as practicable after it has been issued and, in any event, at least 5 days before the date of the hearing. (not 3 days like court hearing.
63
What if a party files an application notice but there is insufficient time to do so?
Where an application notice should be served but there is not sufficient time to do so, informal notification of the application should be given unless the circumstances of the application require secrecy.
64
If a claim has already been issued and the applicant wishes to make a without notice application at the next hearing, what is the deadline for filing it with the court?
1. the application notice, evidence in support and a draft order (as in 2.4 above) should be filed with the court two hours before the hearing wherever possible,
2. if an application is made before the application notice has been issued, a draft order should be provided at the hearing, and the application notice and evidence in support must be filed with the court on the same or next working day or as ordered by the court, and
3. except in cases where secrecy is essential, the applicant should take steps to notify the respondent informally of the application.
65
How long does a defendant have to file an acknowledgement of service?
The general rule is that the period for filing an acknowledgment of service is—
a. where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and
b. in any other case, 14 days after service of the claim form.
66
What is the period for filing a defence? (not including Part8 claims)
(1) The general rule is that the period for filing a defence is—
a. 14 days after service of the particulars of claim; or
b. if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.
67
How does an application for summary judgement effect the time limit for a defendant to file a defence?
If the claimant applies for summary judgment before the defendant has filed a defence, the defendant need not file a defence before the summary judgment hearing.
68
By how long can the parties agree to extend the deadline for filing a defence?
1. The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
2. Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.
69
When is the time to file a reply to a defence (and counterclaim if included) if the claimant wishes to do so?
With the directions questionnaire. He must also serve his reply on the other parties at the same time as it is filed.
Where the date by which he must file his directions questionnaire is later than the date by which he must file his defence to counterclaim (because the time for filing the directions questionnaire under rule 26.3(6) is more than 14 days (small claims track) or more than 28 days (fast track and multi-track) after the date on which it is deemed to be served), the court will normally order that the defence to counterclaim must be filed by the same date as the reply. Where the court does not make such an order the reply and defence to counterclaim may form separate documents.
70
What happens to the claimant’s claim if the defendants defence is that the money claimed has been paid? (How long does he have to respond?)
1.Where—
a. the only claim (apart from a claim for costs and interest) is for a specified amount of money; and
b. the defendant states in his defence that he has paid to the claimant the amount claimed,
the court will send notice to the claimant requiring him to state in writing whether he wishes the proceedings to continue.
2. When the claimant responds, he must serve a copy of his response on the defendant.
3. If the claimant fails to respond under this rule within 28 days after service of the court’s notice on him the claim shall be stayed.
4. Where a claim is stayed under this rule any party may apply for the stay to be lifted.
71
How long does a claim go unactioned before it is stayed? (e.g. undefended, unadmitted or no application for summary judgment)
(1)Where—
a. at least 6 months have expired since the end of the period for filing a defence specified in rule 15.4;
b. no defendant has served or filed an admission or filed a defence or counterclaim; and
c. the claimant has not entered or applied for judgment under Part 12 (default judgment), or Part 24 (summary judgment),
the claim shall be stayed.
(2)Where a claim is stayed under this rule any party may apply for the stay to be lifted.
72
What must the defendant do if they have been served a claim form that is not accompanied by the PoC?
Nothing, it is the PoC that triggers the time limit for response.
73
When should a defendant make an application to strike out a claimant’s claim?
Applications should be made as soon as possible and before allocation if possible. If the application is made by the defendant against the claimant’s statement of case, the claimant cannot obtain a default judgment until that application is disposed of.
74
How much notice is the respondent party owed for a summary judgment hearing?
Where a summary judgment hearing is fixed, the respondent (or the parties where the hearing is fixed of the court’s own initiative) must be given at least 14 days’ notice of—
a. the date fixed for the hearing; and
b. the issues which it is proposed that the court will decide at the hearing.
75
Time limits for Evidence for the purpose of a summary judgment hearing: Respondent
If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must—
a. file the written evidence; an
b. serve copies on every other party to the application,
at least 7 days before the summary judgment hearing.
76
Time limits for Evidence for the purpose of a summary judgment hearing: Applicant
If the applicant wishes to rely on written evidence in reply, he must—
a. file the written evidence; and
b. serve a copy on the respondent,
at least 3 days before the summary judgment hearing.
77
Time limits for Evidence for the purpose of a summary judgment hearing: where the court calls a hearing on its own initiative
Where a summary judgment hearing is fixed by the court of its own initiative—
a. any party who wishes to rely on written evidence at the hearing must—
I. file the written evidence; and
II. unless the court orders otherwise, serve copies on every other party to the proceedings,
at least 7 days before the date of the hearing;
b. Any party who wishes to rely on written evidence at the hearing in reply to any other party’s written evidence must—
i. file the written evidence in reply; and
ii. unless the court orders otherwise serve copies on every other party to the proceedings,
at least 3 days before the date of the hearing.
78
Summary of evidence time limits for summary judgment hearing
Respondent 7 days prior, Claimant 3 days prior. Unless the court has ordered the hearing of its own initiative, in which case, both parties 7 days prior, then if either wishes to respond with additional evidence, this must be filed no later than 3 days prior to the hearing.
79
When may a party amend its statement of case?
Any time before it has been served on the other party. If his statement of case has been served, a party may amend it only—
a. with the written consent of all the other parties; or
b. with the permission of the court.
80
What is the time limit for the power to disallow amendments to statements of case without permission?
1. If a party has amended his statement of case where permission of the court was not required, the court may disallow the amendment.
2. A party may apply to the court for an order under paragraph (1) within 14 days of service of a copy of the amended statement of case on him.
81
Where permission is given to amend a statement of case, how long does a party have to amend it?
Where permission to amend has been given, the applicant should within 14 days of the date of the order, or within such other period as the court may direct, file with the court the amended statement of case.
82
How much notice must the court give the crown if a declaration of incompatibility under s4 Human Rights Act is needed?
1. The court may not make a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 unless 21 days’ notice, or such other period of notice as the court directs, has been given to the Crown.
2. Where notice has been given to the Crown a Minister, or other person permitted by that Act, shall be joined as a party on giving notice to the court.
(Only courts specified in section 4 of the Human Rights Act 1998 can make a declaration of incompatibility.)
83
What is the procedure where a new defendant is to be added/ substituted?
Where the court has made an order adding or substituting a defendant whether on its own initiative or on an application, the court may direct:
1. the claimant to file with the court within 14 days (or as ordered) an amended claim form and particulars of claim for the court file,
2. a copy of the order to be served on all parties to the proceedings and any other person affected by it,
3. the amended claim form and particulars of claim, forms for admitting, defending and acknowledging the claim and copies of the statements of case and any other documents referred to in any statement of case to be served on the new defendant,
4. unless the court orders otherwise, the amended claim form and particulars of claim to be served on any other defendants.
A new defendant does not become a party to the proceedings until the amended claim form has been served on him.
84
When does a defendant need to bring any additional claim for contribution or indemnity by?
a. without the court’s permission, if he files and serves it—
I. with his defence; or
II. if his additional claim for contribution or indemnity is against a party added to the claim later, within 28 days after that party files his defence; or
at any other time with the court’s permission.
85
What are the time limits for serving additional claim forms? (with and without permission of the court)
Where an additional claim may be made without the court’s permission, any claim form must—
a. in the case of a counterclaim against an additional party only, be served on every other party when a copy of the defence is served;
b. in the case of any other additional claim, be served on the person against whom it is made within 14 days after the date on which the additional claim is issued by the court.
Where the court gives permission to make an additional claim it will at the same time give directions as to its service.
86
By when must have parties filed their disclosure statements?
Not less than 14 days before the first case management conference each party must file and serve a report verified by a statement of truth, which—
a. describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case;
b. describes where and with whom those documents are or may be located;
c. in the case of electronic documents, describes how those documents are stored;
d. estimates the broad range of costs that could be involved in giving standard disclosure in the case, including the costs of searching for and disclosing any electronically stored documents; and
e. states which of the directions under paragraphs (7) or (8) are to be sought.
87
When and how must the parties seek to make an agreement on disclosure?
Not less than seven days before the first case management conference, and on any other occasion as the court may direct, the parties must, at a meeting or by telephone, discuss and seek to agree a proposal in relation to disclosure that meets the overriding objective.
88
What are the relevant time limits for inspection, if requested?
a. that party must give the party who disclosed the document written notice of his wish to inspect it;
b. the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
c. that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.
89
When should any part36 offer be made by?
Not less than 21 days before the start of a trial.
90
What is the time limit for asking for clarification of a Part36 offer?
1. The offeree may, within 7 days of a Part 36 offer being made, request the offeror to clarify the offer.
2. If the offeror does not give the clarification requested under paragraph (1) within 7 days of receiving the request, the offeree may, unless the trial has started, apply for an order that the offeror do so.
If the court makes an order under paragraph (2), it must specify the date when the Part 36 offer is to be treated as having been made.
91
If the Part 36 offer is varied to be MORE advantageous to the claimant, does the 21 day period remain the same?
Where the offeror changes the terms of a Part 36 offer to make it more advantageous to the offeree such improved offer shall be treated, not as the withdrawal of the original offer; but as the making of a new Part 36 offer on the improved terms; and the period shall be 21 days or such longer period (if any) identified in the written notice.
92
If the Part 36 offer is varied to be LESS advantageous to the claimant, what is the procedure?
Where this rule applies—
a. if the offeree has not served notice of acceptance of the original offer by the expiry of the relevant period, the offeror’s notice has effect on the expiry of that period; and
b. if the offeree serves notice of acceptance of the original offer before the expiry of the relevant period, that acceptance has effect unless the offeror applies to the court for permission to withdraw the offer or to change its terms—
I. within 7 days of the offeree’s notice of acceptance; or
II. if earlier, before the first day of trial.
93
How long does the party have to pay an accepted Part36 offer?
Unless the parties agree otherwise in writing, where a Part 36 offer that is or includes an offer to pay or accept a single sum of money is accepted, that sum must be paid to the claimant within 14 days of the date of—
a) acceptance; or
b) the order when the court makes an order for an award of provisional damages or an order for an award of periodical payments, unless the court orders otherwise.
If such sum is not paid within 14 days of acceptance of the offer, or such other period as has been agreed, the claimant may enter judgment for the unpaid sum.
94
What is the time limit for submitting questions of another party’s expert witness?
Within 28 days of service of the expert’s report.
95
If an expert wishes to exercise their right to ask the court for directions, what are the time limits they must follow?
1. Experts may file written requests for directions for the purpose of assisting them in carrying out their functions.
2. Experts must, unless the court orders otherwise, provide copies of the proposed requests for directions under paragraph (1) –
a) to the party instructing them, at least 7 days before they file the requests; and
b) to all other parties, at least 4 days before they file them.
3. The court, when it gives directions, may also direct that a party be served with a copy of the directions.
96
If an expert witness wishes to ask the court for directions, how many days prior need they inform their instructing party?
7 days before they file the requests (4 days for other parties)
97
If an expert witness wishes to ask the court for directions, how many days prior need they inform the other parties?
4 days before they file the request (7 days for the party who instructed them)
98
What is the earliest time a claimant can apply for an interim payment?
At the end of the period for filing an acknowledgement of service.
99
When must an application for an interim payment be served?
A copy of an application notice for an order for an interim payment must—
a. be served at least 14 days before the hearing of the application; and
b. be supported by evidence.
100
If the respondent to an interim payment application wishes to rely on evidence at the hearing, what is the time limit by which to file?
If the respondent to an application for an order for an interim payment wishes to rely on written evidence at the hearing, he must—
a. file the written evidence; and
b. serve copies on every other party to the application,
c. at least 7 days before the hearing of the application.
(only evidence that has not already been filed)
101
If an applicant for an interim payment wishes to rely on evidence at the hearing, what is the time limit by which to file?
If the applicant wishes to rely on written evidence in reply, he must—
a. file the written evidence; and
b. serve a copy on the respondent,
at least 3 days before the hearing of the application.
(only evidence that has not already been filed)
102
What is the time limit for setting aside discontinuance?
1. Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside.
2. The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on him.
103
What is the time limit for complying with an order for costs?
A party must comply with an order for the payment of costs within 14 days of –
a. the date of the judgment or order if it states the amount of those costs;
b. if the amount of those costs (or part of them) is decided later in accordance with Part 47, the date of the certificate which states the amount; or
c. in either case, such other date as the court may specify.
104
If a represented party is not presented when an order is made against them for misconduct as to costs, within what time limit should they be notified of such order?
the party’s legal representative must notify that party in writing of the order no later than 7 days after the legal representative receives notice of the order.
105
When must statements of costs be filed?
• Statements of costs must be filed and served:
o Fast track trial: not less than 2 days before the trial
o Any other hearing: No later than 24 hours before the time fixed for the hearing
106
What is the time limit for serving a notice to admit facts?
1. A party may serve notice on another party requiring him to admit the facts, or the part of the case of the serving party, specified in the notice.
2. A notice to admit facts must be served no later than 21 days before the trial.
3. Where the other party makes any admission in response to the notice the admission may be used against him only—
a) in the proceedings in which the notice to admit is served; and
b) by the party who served the notice.
4. The court may allow a party to amend or withdraw any admission made by him on such terms as it thinks just.
107
What is the time limit for serving a notice to admit or produce documents?
1. A party shall be deemed to admit the authenticity of a document disclosed to him under Part 31 (disclosure and inspection of documents) unless he serves notice that he wishes the document to be proved at trial.
2. A notice to prove a document must be served—
a) by the latest date for serving witness statements; or
b) within 7 days of disclosure of the document,
whichever is later.
108
What date is a witness summed issued?
On the date entered on the summons by the court.
109
Does the party need permission of the court to issue a witness summons?
No. Unless, a party must obtain permission from the court where he wishes to—
a. have a summons issued less than 7 days before the date of the trial;
b. have a summons issued for a witness to attend court to give evidence or to produce documents on any date except the date fixed for the trial; or
c. have a summons issued for a witness to attend court to give evidence or to produce documents at any hearing except the trial.
110
What is the time limit for the service of a witness summons for it to be binding?
1. The general rule is that a witness summons is binding if it is served at least 7 days before the date on which the witness is required to attend before the court or tribunal.
2. The court may direct that a witness summons shall be binding although it will be served less than 7 days before the date on which the witness is required to attend before the court or tribunal.
3. A witness summons which is—
a) served in accordance with this rule; and
b) requires the witness to attend court to give evidence;
is binding until the conclusion of the hearing at which the attendance of the witness is required.
111
What is the time limit for serving notice of use of a deposition at a hearing?
1. A deposition ordered under rule 34.8 may be given in evidence at a hearing unless the court orders otherwise.
2. A party intending to put in evidence a deposition at a hearing must serve notice of his intention to do so on every other party.
3. He must serve the notice at least 21 days before the day fixed for the hearing.
4. The court may require a deponent to attend the hearing and give evidence orally.
5. Where a deposition is given in evidence at trial, it shall be treated as if it were a witness statement
112
What is the time limit for proposing to rely on hearsay evidence?
The party proposing to rely on the hearsay evidence must—
a. serve the notice no later than the latest date for serving witness statements; and
b. if the hearsay evidence is to be in a document, supply a copy to any party who requests him to do so.
113
What are the time limits with regard to evidence and the use of plans, photographs and models as evidence?
1. This rule applies to evidence (such as a plan, photograph or model) which is not—
a) contained in a witness statement, affidavit or expert’s report;
b) to be given orally at trial; or
c) hearsay evidence
2. This rule includes documents which may be received in evidence without further proof
3. Unless the court orders otherwise the evidence shall not be receivable at a trial unless the party intending to put it in evidence has given notice to the other parties in accordance with this rule.
4. Where the party intends to use the evidence as evidence of any fact then, except where paragraph (6) applies, he must give notice not later than the latest date for serving witness statements.
5. He must give notice at least 21 days before the hearing at which he proposes to put in the evidence, if—
a) there are not to be witness statements; or
b) he intends to put in the evidence solely in order to disprove an allegation made in a witness statement.
6. Where the evidence forms part of expert evidence, he must give notice when the expert’s report is served on the other party.
7. Where the evidence is being produced to the court for any reason other than as part of factual or expert evidence, he must give notice at least 21 days before the hearing at which he proposes to put in the evidence.
8. Where a party has given notice that he intends to put in the evidence, he must give every other party an opportunity to inspect it and to agree to its admission without further proof.
114
What is the time limit for a party to file a judgment (if they have permission) and what are the consequences of failing to do so?
(3) Where a judgment or an order is to be drawn up by a party—
a. he must file it no later than 7 days after the date on which the court ordered or permitted him to draw it up so that it can be sealed by the court; and
b. if he fails to file it within that period, any other party may draw it up and file it.
115
What is time limit for complying with a judgment or order?
A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless—
a. the judgment or order specifies a different date for compliance (including specifying payment by instalments);
b. any of these Rules specifies a different date for compliance; or
c. the court has stayed the proceedings or judgment.
116
For how long does the court’s permission to grant a writ or warrant have effect?
Where—
a. the court grants permission, under this rule or otherwise, for the issue of a writ of execution or writ of control (“the permission order”); and
b. the writ is not issued within one year after the date of the permission order,
the permission order will cease to have effect.
Where a permission order has ceased to have effect, the court may grant a fresh permission order.
117
If an appeal is refused on paper, how long does the party have to apply for the application to be reheard at an oral hearing?
The request must be filed within 7 days after service of the notice that permission has been refused.
118
When will an oral application for appeal be heard if request by the court of appeal?
An oral hearing requested following a written application must be listed—
a. no later than 14 days from the date of the direction under that paragraph; and
b. before the judge who made that direction,
unless the court directs otherwise.
119
If the court makes no other direction, how long does a party have to appeal a refusal of an application to appeal?
The appellant’s notice must be served 21 days after the date of the decision of the lower court which the appellant wishes to appeal.
120
When should the appellants notice be served on the other parties?
unless the appeal court orders otherwise, an appellant’s notice must be served on each respondent—
a. as soon as practicable; and
b. in any event not later than 7 days,
after it is filed.
Subject to where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 2009, the appellant is not required to serve the appellant’s notice on the respondent.
121
When must a respondent’s notice be filed?
A respondent’s notice must be filed within—
a. such period as may be directed by the lower court; or
b. where the court makes no such direction, 14 days after the relevant date:
The date referred to above is—
a. the date the respondent is served with the appellant’s notice where—
I. permission to appeal was given by the lower court; or
II. permission to appeal is not required;
b. the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or
c. the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together.
122
When must a respondent’s notice be served on the other parties?
Unless the appeal court orders otherwise, a respondent’s notice must be served on the appellant and any other respondent—
a. as soon as practicable; and
b. in any event not later than 7 days,
after it is filed.
