Timelines Flashcards
When must a party comply with an order for costs?
Within 14 days of judgment or certificate (if later)
When do parties exchange statement of costs?
Not less than 24 hours before the hearing
When must a party dispute an item in the bill of costs for Detailed Assessment?
Serve on the recipient within 21 days of notice of commencement
What is the limitation period for Personal Injury claims?
3 years of the latest of date of damage or knowledge
What is the limitation period for fatal accidents (Fatal Accidents Act)
3 years of latest of date of death or date of knowledge of dependant
What is the limitation period for latent damages?
The later of 6 years date of damage; or 3 years from date of knowledge
Limitation period for tort and contract claims?
6 years from damage / breach
What is the validity period of the claim form? When must the claim form be served?
Claimant must serve the claim form within 4 months from the date of issue
(6 months if outside the jurisdiction)
What is the relevance of the claim form?
It stops the time running for limitation and begins new time limit for serving
When must the claimant serve the particulars of claim?
Within 4 months from date of issue of claim form +
within 14 days of service of the claim form (if not served with claim form)
When must the particulars of claim be filed at court?
Within 7 days of service (if not served with Claim Form)
What is the deemed date of service for the claim form?
Second business day after completion of the relevant step
What is the deemed date of service for particulars of claim (served separately to the claim form)
For instant methods before 4.30pm on business day = same business day, otherwise next business day
For non-instant methods (post and DX) = second day after posting if business day. Otherwise, next business day
When must the defendant file an acknowledgement of service? What does AoS do?
Within 14 days after service of particulars of claim.
AoS extends time to file a defence to 28 days of DDS of particulars
When must the defendant file a defence?
within 14 days of DDS of particulars of claim
When is a counterclaim filed?
At the same time as the defence. If not, D needs permission from court
When must the claimant file a defence to the counterclaim?
Within 14 days of service of the counterclaim
CPR 20.7 When must a claim form of an additional claim be served?
within 14 days of it being issued
What are the default rules for serving an interim application?
As soon as practicable from filed, and not less than 3 clear days before the hearing
Default rules apply to:
- security for costs
- interim injunction
What is the deadline for service of interim payment or summary judgment (interim applications)
At least 14 days before hearing
Interim payment / summary judgment - when must the respondent file its evidence?
At least 7 days before hearing
Interim payment / summary judgment - when must the applicant submit its evidence in response?
At least 3 days before hearing
When must the parties have exchanged statements of costs (for all interim applications)
Both parties file and exchange statements of costs not less than 24 hours before the hearing
When must the budgets for a claim of less than £50,000 be filed?
With the parties’ directions questionnaires
When must the budgets be filed for any other case (claim of £50,000 and above)?
21 days before the first CMC
When must the disclosure report / electronic document questionnaire and bundles be filed?
Not less than 14 days before the first CMC (multi-track claims)
(not for PI claims)
When must draft directions and budget discussion report be filed and exchanged?
7 days before [any CMC]
When must a party allow inspection?
Within 7 days of receipt of notice
When must the claimant file the trial bundle?
No more than 7 days and no less than 3 days before trial
What is the deadline for an application for appeal?
Within 21 days of lower court’s decision
Party must have permission as there is NO automatic right of appeal
Within what time period must a detailed costs assessment take place?
The hearing must take place within 3 months of the trial
In a contractual dispute, a claimant serves proceedings against a litigant in person seeking damages of £75,000. Directions questionnaires have not yet been filed.
Unless the court orders otherwise, will it be necessary for the parties to file and exchange costs budgets and, if so, by when?
In this scenario, only the claimant must file a costs budget which must be done not later than 21 days before the first CMC
What is the maximum amount of time the parties can agree an extension for?
28 days
Defendant and claimant can agree an extension of up to 28 days for serving a defence.
- If extension of time is agreed, the court must be informed in writing (but no application to court is needed)
Any extension beyond the initial 28 days agreed must be sought from the court
- This would mean a defendant has up to 56 days from DDS of PofC without having to apply to court for permission for extension
What is the time for complying with a judgment order?
Must comply with the judgment or order for the payment of an amount of money within 14 days of the date it is given
Is applying to stay judgment sufficient to not comply with the judgment within the required 14 days?
No - even while the application to stay judgment is under consideration, the party must still comply with the judgment within 14 days of the date it was given
What is the timeframe to perform an undertaking?
- Must be fulfilled within an agreed tmescale; or
- If no timescale has been agreed, within a reasonable amount of time
What powers does the court have to make a substitution for a party where the limitation period has expired?
The court can order a new party to be substituted because the relevant limitation period was current when proceedings were started
- even if limitation period has now passed when one party wants to make an application to substitute/add another party
- relevant time is whether the proceedings were started within limitation period
What is the timeframe for a defendant to make a claim against a second defendant for contribution or indemnity?
The first defendant may serve a notice containing a statement of nature and grounds of additional claim within 28 days of service of second defendant’s defence
What is the general period of enforcement of a Tomlin order?
Six years
- must be enforced within prescribed period of for breaches of contract (as terms of Tomlin order constitute a binding contract)
