Time Limits, Counting Time, and Deemed Dates of Service

Question 1

serve particulars of claim (if not served with claim form)

Answer 1

within 14 days of deemed date of service of claim form

AND

within 4-month time limit after issuing claim form

Question 2

serving claim form

Answer 2

4 months after date of issue

the relevant step must be done before 12 midnight on that day

Question 3

filing notice at court that C served particulars of claim

Answer 3

within 7 days of service of particulars on D

Question 4

deemed date of service of the claim form

(also PoC if included in claim form)

Answer 4

on the second business day after the relevant step was completed

regardless of method of service

Question 5

deemed date of service of any document other than claim form via instant method

Answer 5

if relevant step done before 4:30 PM on a business day = deemed served on that business day

otherwise = next business day

Question 6

deemed date of service of any document other than claim form - non-instant method

Answer 6

deemed served on second day after relevant step IF that day is a business day

otherwise = next business day

Question 7

what is the time limit for D to file acknowledgement of service?

Answer 7

within 14 days of deemed service of particulars of claim

Question 8

what is time limit for D to file defence (without having filed acknowledgement of service)?

Answer 8

within 14 days of deemed service of particulars of claim

Question 9

what is time limit for D to file defence (having filed acknowledgement of service)?

Answer 9

within 28 days of deemed service of particulars

Question 10

time limit for C to enter judgement after D admits the claim

Answer 10

within 14 days of C receiving the notice of admission by D

Question 11

Counting Time Rules (‘clear days’) (4)

Answer 11

1- day on which a period begins is not included - start counting the next day

2- if end of period is defined by reference to an event - day of event is not included

3- if period is 5 days or less - do not count weekends or bank holidays

so: if period is 6 days or more - count weekends or bank holidays

4- if court office is closed on last day, act is done if done on next day the court is open

Question 12

complying with general time limits of court orders or CPR rules

parties can agree in writing to an extension of the time specified

what is the max time limit parties can agree to extend?

Answer 12

extension of time of up to 28 days only

provided it does not put a hearing date at risk

Question 13

making a Part 20.5 or Part 20.7 additional claim

when should Form N211 be served on the party against whom the claim is made?

Answer 13

within 14 days of issue

Question 14

A party is applying to the court for an order requesting information from another party who failed to respond to their initial voluntary request for information

the applying party must serve a notice on the other party usually

when are they not required to serve a notice of the application?

Answer 14

if the other party has not responded to the initial voluntary request for information after 14 days have passed

Question 15

when should a party file a draft/proposed directions in multi track cases?

Answer 15

at least 7 days before ANY case management conference (CMC)

Question 16

when should a party file a disclosure report (Form N263) in multi track cases?

Answer 16

disclosure report = at least 14 days before the FIRST CMC

disclosure discussion report = at least 7 days before the FIRST CMC

Question 17

when should a party file a budget?

Answer 17

at least 21 days before first CCMC

precedent H

only if cost management regime applies

Question 18

when should a party file a budget discussion report?

Answer 18

at least 7 days before the first CCMC

precedent R

only if cost management regime applies

Question 19

if the court grants an application to amend statement of case under CPR 17

how long does party have to file and serve the amended SoC?

Answer 19

within 14 days from court order

Question 20

party receives notice of intention of another party to rely on hearsay evidence

how long does receiving party have to file application to cross-examine witness OR file notice of intention of attacking credibility of absent witness?

Answer 20

no later than 14 days after it receives notice of intention to rely on hearsay evidence

Question 21

deadline for putting questions to an expert

Answer 21

28 days from service of expert report

Question 22

party receives notice of inspection by other party

max day it should allow inspection

Answer 22

within 7 days of receiving notice

Question 23

if a party is required or allowed to draw up the final judgement/order, how long does it have?

Answer 23

within 7 days of becoming responsible

Question 24

time limit to lodge application for permission to appeal

Answer 24

within 21 days of lower court’s decision

Question 25

what is the time limit to serve a claim form outside jurisdiction of E&W?

Answer 25

within 6 months of issue of claim form

Question 26

if D wants to contest the court’s jurisdiction, when must it apply?

Answer 26

1) D files acknowledgement of service

2) D applies to contest within 14 days of filing the AOS

Question 27

fast track standard directions

Answer 27

disclosure = 4 weeks after allocation

witness statement exchange = 10 weeks after allocation

expert reports = 14 weeks after allocation

trial = 30 weeks after allocation

Question 28

deadline to comply with court order/judgement

Answer 28

14 days of judgement date (not date judgement is drawn up)

Question 29

statement of costs

Answer 29

24 hours before hearing

for summary assessment of costs = at fast track cases + interim applications of max 1 day

applies to all types of interim applications

Question 30

if a detailed assessment of costs is being carried out -

receiving party serves on paying party a notice of commencement and bill of costs

how long does paying party have to dispute this?

Answer 30

21 days from service of notice of commencement

Question 31

interim applications - general notice procedure (5 steps)

applies for security for costs and interim injunctions

Answer 31

1- applicant issues application + supporting evidence + fee + draft order – court then issues notice of hearing

2- applicant must serve all of the above on respondent ASAP and not less than 3 days before the hearing

3- respondent can file more evidence ASAP + applicant can file further evidence in response (ASAP)

4- both parties file statement of costs at least 24 h before hearing

5- hearing

Question 32

if party carries out without notice procedure for an interim application, how long does respondent have to make an application?

Answer 32

7 days after service of court order (made after hearing)

Question 33

summary judgement interim application procedure (6 steps)

Answer 33

1- applicant issues application + supporting evidence + fee + draft order – court then issues notice of hearing

2- applicant must serve all of the above on respondent ASAP and not less than 14 days before the hearing

3- respondent can file more evidence at least 7 days before hearing

4- applicant can file further evidence in response at least 3 days before hearing

5- both parties file statement of costs at least 24 h before hearing

6- hearing

Question 34

when can C or D apply for summary judgement?

Answer 34

C = only after D serves AoS/defence (or earlier but with court permission)

D = anytime after proceedings started

Question 35

interim payments interim application (6 steps)

Answer 35

1- applicant issues application + supporting evidence + fee + draft order – court then issues notice of hearing

2- applicant must serve all of the above on respondent ASAP and not less than 14 days before the hearing

3- respondent can file more evidence at least 7 days before hearing

4- applicant can file further evidence in response at least 3 days before hearing

5- both parties file statement of costs at least 24 h before hearing

6- hearing

Question 36

when must C serve trial bundle?

Answer 36

not more than 7 days before trial

not less than 3 days before trial

counting time rules differ

Question 37

order to obtain information - when must notice be served on judgement debtor?

Answer 37

at least 14 days before hearing

must be served personally

Question 38

how long does enforcement officer have to seize judgement debtor’s goods under a writ/warrant?

Answer 38

must give 7 day notice

has 12 months from date of notice

Question 39

statutory demand for payment

Answer 39

gives judgement debtor 21 days to pay debt before they are presumed insolvent

insolvency proceedings can be started - statutory demand not needed for this