Date And Time limits

Question 1

Limitation period for contract and Tort

Answer 1

6 years

Question 2

PI claim limitation period

Answer 2

3 years from date of knowledge
3 years from date of knowledge of death if fatal accident

Question 3

Contribution claim limitation

Answer 3

2 years from judgment

Question 4

Latent damage cases starting date

Answer 4

3 years from accrual date of latent damage (when knows damage worth suing over and identifies D), or 6 years from the date of damage

15 year long stop

Question 5

When does limitation run from for children and protected persons at time of accident

Answer 5

18th birthday

Question 6

In non specific protocol when can D acknowledge letter of claim

Answer 6

14 days in straightforward case
3 months in complex case including PI

Question 7

When can C send letter of notification PI protocol

Answer 7

Before letter of claim
Doesn’t start timetable
Should be acknowledge in 14 days

Question 8

What should D do in PI Protocol

Answer 8

Pass on to insurers letter of claim asap but in 7 days
Acknowledge letter of claim within 21 days
Make a formal response 3 months from date of acknowledgement

Question 9

When should claim form be served within jurisdiction

Answer 9

4 months

Question 10

When should claim form be served outside jurisdiction

Answer 10

6 months

Question 11

When does tile run from for service of claim form

Answer 11

Before midnight on calendar day 4 months after date of issue, 2nd business day after posting or personal service the CF is deemed served

Question 12

How many days after deemed service of POC must D respond

Answer 12

14 days with AOS or filing a defence

Question 13

If D serves an AOS how long after must they tespond with the DEF

Answer 13

28 days after deemed service of the PoC

Question 14

What’s the max agreed extension by the parties for a Defence

Answer 14

28 days

Question 15

When can you apply for default judgment

Answer 15

Any time after expiry of time limits

Question 16

When can D serve AOS and written evidence in a part 8 claim

Answer 16

14 days after deemed service of Part 8 CF

Question 17

When can you issue a part 20 additional claim without permission

Answer 17

Same time or before as filing Defence

Question 18

When is email/fax or personal service deemed served on a business day

Answer 18

4.30pm for same business day

Question 19

What happens if a fax email or Personal service takes place after 4.30pm

Answer 19

Deemed served next business day

Question 20

When is post by first class or DX deemed served

Answer 20

Second day after posting as long as second day is business day, if not next business day

Question 21

How long do parties have before extending time limits for service by agreement

Answer 21

28 days prior written agreement in Unless orders

Question 22

When should a P make an interim application

Answer 22

As soon as it becomes apparent it is necessary or desirable

Question 23

When should P serve the N244 and witness statement in an interim application

Answer 23

3 clear days before the hearing

Question 24

When is the application tor an interim app made?

Answer 24

When N244 is received by court for issue

Question 25

When can C apply for an interim apppication

Answer 25

Before issue of claim form

Question 26

When can D apply for interim remedies

Answer 26

Only after filing AOS or Defende

Question 27

When can C apply for an interim payment

Answer 27

After time for AOS has expired

Question 28

What’s the minimum period for returning directions questionnaires in (I) small claims and (Ii) fast track and multi track claims

Answer 28

I) 14 days Ii) 28 days

Question 29

Period between allocation and trial in fast track claims

Answer 29

30 weeks

Question 30

What’s the max duration of a fast track claim

Answer 30

1 day

Question 31

When can one do an Amendment before service?

Answer 31

Without consent or permission

Question 32

How long can you disallow an amendment

Answer 32

14 days after service

Question 33

Can you amend after service

Answer 33

Yes with consent of parties or court permission but only with permission if amendment concerns parties

Question 34

Can you amend after limitation?

Answer 34

No if adding new claim Yes if adding COA it new claim is a set off or counterclaim or arises out of the same or substantially the same facts

Question 35

When can a party be added or substituted after limitation

Answer 35

To correct a mistake or if claim cannot he carried on without amending parties

Question 36

When does limitation run for claims under the Fatal Accidents Act 1976

Answer 36

3 years after date of death, or date of knowledge of the person for whose benefit the claim is brought, whichever is later BUT the death must be within three years of the accident

Question 37

When does limitation run for claims under the Fatal Accidents Act 1976

Answer 37

3 years after date of death, or date of knowledge of the person for whose benefit the claim is brought, whichever is later BUT the death must be within three years of the accident

Question 38

What happens with limitation and a disability

Answer 38

If disability happened in an accident apply for extension If disabled and bringing the claim, limitation doesn’t run until you have recovered from the disability. Then apply limitation period.

Question 39

What’s the limitation period for recovery of land for a disabled person?

Answer 39

30 years

Question 40

What is ‘knowledge’ in limitation for PI and fatal accidents?

Answer 40

SAIDOP S- when C knew injury was SIGNIFICANT A- when C knew ATTRIBUTABLE in whole or part to alleged tort ID- when C knew ID of the defendant OP- when C knew ID of the OTHER PERSON it allegedly committed by someone other than D Knowledge is sufficient certainty which once gained cannot be lost

Question 41

What is knowledge in limitation for non PI negligence where facts relevant aren’t known at accrual?

Answer 41

When C knew that the damage was attributable in whole or part to that act or omission The ID or the Defendant or person other than D if it is alleged 15 year long stop from act or omission

Question 42

What is knowledge in limitation for non PI negligence where facts relevant aren’t known at accrual?

Answer 42

When C knew that the damage was attributable in whole or part to that act or omission The ID or the Defendant or person other than D if it is alleged 15 year long stop from act or omission

Question 43

When does limitation run with fraud?

Answer 43

Doesn’t run until the fraud is discovered or could reasonably have been discovered

Question 44

When can you issue a contribution notice without permission

Answer 44

If before or at same time as Defence Or within 28 days

Question 45

Can an unless order be extended

Answer 45

No

Question 46

If the period is under 5 days or less and includes a sat/sun bank holiday Christmas or Good Friday ahow is time calculated

Answer 46

That day (bank holiday, sat and sun) doesn’t count

Question 47

If the period is under 5 days or less and includes a bank holiday Christmas or Good Friday ahow is time calculated

Answer 47

That day (ban holiday) doesn’t count

Question 48

When should disclosure reports be served in the multi track

Answer 48

14 days before CMC

Question 49

When should parties meet or phone to discuss directions in disclosure

Answer 49

7 days pre first CMC

Question 50

When should parties meet or phone to discuss directions in disclosure

Answer 50

7 days pre first CMC

Question 51

When are documents to be inspected in disclosure / and notice to prove a documents authenticity (clue = it’s the same number of days)

Answer 51

7 days after request for inspection 7 days after disclosure for notice to prove authenticity of a doc

Question 52

When do you need to serve - witness statements - permission to rely on a witness summary - intention to rely on hearsay or why W not called - plans photos models if used as evidence of fact

Answer 52

By the DQs deadline

Question 53

When should you submit an app to cross examine or notice to attack credibility of hearsay

Answer 53

14 days after the other side serves notice of intention to rely on hearsay

Question 54

When should written questions to an expert be submitted

Answer 54

Within 28 days of service of the expert report

Question 55

What’s the deadline for witness statements or serving witness summaries

Answer 55

7 days pre trial

Question 56

What’s the number of days a Part 36 offer is open for

Answer 56

21 days And includes offer or to pay offerees costs on the standard basis to date of acceptance Includes interest to 21 days AFTER date of offer

Question 57

How many days does a party have to clarify a part 36 offer

Answer 57

7 days of service

Question 58

How many days does the offeror have post acceptance of a part 36 offer to apply for permission to withdraw or change the offer

Answer 58

Within 7 days of notice of acceptance

Question 59

How many days after acceptance must the offeror pay the sum in part 36?

Answer 59

14 days after offer acceptance

Question 60

What happens RE acceptance period for a part 36 offer under 21 days pre trial

Answer 60

Relevant period expires at the end of trial If accepted the Ps agree to coasts and costs consequences of failing to heat the offer do not apply

Question 61

When do you need to file and exchange costs budgets if the value of the claim is under £50K

Answer 61

With DQs

Question 62

When do you have to file and exchange costs budgets if claim is over £50K

Answer 62

No later than 21 days before the CMC

Question 63

When do you have to file budget discussion reports

Answer 63

7 days pre CMC

Question 64

When do you have to serve a costa schedule and file them for a hearing of no more than 1 day

Answer 64

24 h pre heading

Question 65

When do you have to file and serve costs sxhedules in a FTK trial

Answer 65

2 days before trial date

Question 66

How long do you have to lodge a bill of costs in a detailed assessment

Answer 66

3 months from the order

Question 67

How long to you have to file the Arbitration claim form

Answer 67

1 month

Question 68

When do you serve an application notice evidence and draft orderthat’s urgent or without notice in an interim injunction

Answer 68

If CF issued , 2 hours pre hearing If Cf not issues, provide draft order at hearing and evidence and app notice same or next working day Unless secrecy applicant should try informally notify Resp of app and MUST tell court to issue CF immediately and try serve CF with injunction order

Question 69

How long does a P have to draw up an order if ordered to do so

Answer 69

7 days

Question 70

How long do you have to pay judgments and money

Answer 70

14 days

Question 71

How long does a party have to file an order that the court orders it to draw up

Answer 71

7 days

Question 72

How long does a party have to apply to cross examine or attack credibility of a witness on hearsay

Answer 72

14 days from the notice of hearsay

Question 73

When can a P serve notice to admit facts or prove documents on another P

Answer 73

21 days before trial

Question 74

How long does a P have to submit notice they want to prove the authenticity of a document at trial

Answer 74

By latest date for serving WS or Within 7 days of a doc’s disclosure

Question 75

If in the PI protocol D admits liability, and C responds by serving their medical report and schedule of loss, how long should C wait before issuing proceedings

Answer 75

21 days to attempt to settle