DR Flashcards

(18 cards)

1
Q

Deadline for defence after PoC/Claim form with PoC if no acknowledgement of service made

A

14 days

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1
Q

Deadline from PoC/Claim form with PoC attached to respond with acknowledgement or defence

A

14 days

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2
Q

Total time to file defence if acknowledgement of service correctly filed

A

28 days

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3
Q

Maximum agreed extension for filing a defence

A

28 days (56 days total from PoC), else require court permission

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4
Q

Claim in High Court or County Court ?

A

< or equal to 100k (PI 50k) must be County Court, else can be either based on value, complexity, and importance to public

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5
Q

Deadline for service of claim form in jurisdiction

A

4 months after issue

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6
Q

Claim form deemed served:

A

2nd business day after completing relevant step (ie posting, delivering, personally on D)

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7
Q

Deadline for service of other documents if not attached to claim form

A

2 weeks after claim form and within 4 months of claim form issue

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8
Q

Other documents deemed served

A

Posting, delivering, leaving at permitted address: 2nd business day after sending if business day (else next business day)

Personally on D/email/fax: same day if sent before 4:30 pm on business day else next business day

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9
Q

Purpose of acknowledgement of service

A
  1. extend deadline for defence or 2. challenge jurisdiction
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10
Q

Limitation period: Contract

A

6 years from breach

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11
Q

Limitation period: Tort

A

6 years from when C suffers damage

(latent damages = 6 years from damage or 3 years from knowledge + right to bring action)

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12
Q

Limitation period: Personal Injury

A

3 years after later of a) date cause of action accrued or b) date of knowledge of person injured

Fatal accidents: valid PI + 3 years after later of a) date of death b) date of knowledge of dependent

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13
Q

Limitation period: contribution

A

2 years from when right accrued

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14
Q

Limitation period: Judgement claim

A

6 years from when becomes enforceable

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15
Q

Litigation friend

A

represents children + protected parties, serve documents to friend

16
Q

Response of “money paid”

A

D has already paid, court sends notice C has 28 days to respond else claim stayed, C must serve copy of response on D else claim proceeds as defended

17
Q

Admitting to claim deadline

A

14 days off DDS PoC