dispute resolution- time frames

Question 1

Limitation: Contract

Answer 1

6 years from breach

Question 2

Limitation: Tort

Answer 2

3 years from damage (from the date on which the cause of action accrued/ date of knowledge of injury)

Question 3

Limitation: Personal injury

Answer 3

3 years from whichever of these is the latest:
- date when the cause of action accrued or
- date of knowledge of the person injured

Question 4

Limitation: Fatal Accidents

Answer 4

3 years from whichever of these is the latest:
- date of death
- date of knowledge of the dependent

Question 5

Limitation: Disability

Answer 5

Limitation period starts to run from when the disability ends and is
- 2 years in relation to contribution claims
- 3 years in relation to PI or fatal accident claims
- and 6 years in most other cases

A person is under a disability whilst they are a minor or lacks mental capacity

Question 6

Limitation: Fraud

Answer 6

6 years from when the claimant discovered the fraud, concealment, or mistake (or could with reasonable diligence discovered it)

Question 7

Claim form expiry

Answer 7

• 4 months in UK
• 6 months out of jurisdiction

Question 8

Deemed date of service

Answer 8

Service of the claim form/particulars of service: second business day after completion of the relevant step

Relevant step is what you have to do to comply with the method of service eg if you are posting then you have to have sent it out

if using an instant method it is deemed to be same day if done before 4:30pm on a business day, but is otherwise deemed as next day

if using a non instant method it is deemed to be the second day after posting if that is a business day

Question 9

Acknowledgement of Service

Answer 9

14 days after Deemed date of service of the particulars of claim/claim form that includes particulars of claim

Question 10

Defence

Answer 10

14 days from the deemed date of service of the particulars of claim
If the defendant files an acknowledgement of service indicating an intention to defend, the deadline for serving the defence to 28 days after the deemed date of service of the particulars of claim

Question 11

Response of money paid

Answer 11

Defendant will serve a defence stating the money has already been paid, 14 days from DDS of particulars of service
Court serves notice of this to the claimant to check if the money has been paid, claimant must respond within 28 days and the claim is stayed if they do not do so

Question 12

Admitting a claim- how to avoid being put on the judgement list

Answer 12

14 days from DDS of PofC

If a specified claim has been admitted and paid in full (with interest, court fee and costs) within the 14 day period for responding to the claim it is unlikely that a judgement will also be entered

Question 13

Reply to defence

Answer 13

this is optional but it should be filed with the directions questionnaire

parties are given at least 14 days notice of the deadline for doing this

Question 14

When would there be a default judgement

Answer 14

if the time limit expires for the defendant to file a defence of acknowledgment of service

Question 15

When do you make a counter claim?

Answer 15

same time as the defendant files their defence

Question 16

when do you submit your defence to counterclaim

Answer 16

14 days after service of the counterclaim

Question 17

when do you submit a service of interim application (includes security for costs applications and interim injunction applications)

Answer 17

as soon as practicable but not less than 3 clear days before the hearing

Question 18

when do you file and exchange statements of costs for interim applications

Answer 18

no less than 24 hours before the hearing

Question 19

when do you submit an application to set aside a without notice application decision/order

Answer 19

within 7 days of the order being served on the other party

Question 20

when do you submit a service of a summary judgement application on the defendant

Answer 20

at least 14 days before the hearing

Question 21

when do you submit further evidence for summary judgement application

Answer 21

respondent- at least 7 days before hearing
applicant reply- at least 3 days before hearing

Question 22

file and exchange statements of costs for summary judgement application

Answer 22

not less than 24 hours before hearing

Question 23

service of an interim payment application

Answer 23

at least 14 days before the hearing

Question 24

file and exchange/serve costs budget
- value of claims and time limit

Answer 24

• for claims valued between £50k and £10m no later than 21 days before the case and costs management conference (ccmc)

Question 25

file and exchange/serve disclosure report

Answer 25

no less than 14 days before CCMC

Question 26

fast track standard directions
- disclosure
- witness statements
- expert reports
- prep for trial and trial

Answer 26

Disclosure: Within 4 weeks from Allocation
Witness Statements: Within 10 weeks from Allocation
Expert Reports (SJE Preferred): Within 14 Weeks from Allocation
Preparation for Trial and Trial: Within 20-30 weeks from Allocation

Question 27

extension of time by prior written agreement of the parties (before deadline is reached)

Answer 27

a max of 28 days provided that this does not put any hearing date at risk