DR Flashcards
(18 cards)
Deadline for defence after PoC/Claim form with PoC if no acknowledgement of service made
14 days
Deadline from PoC/Claim form with PoC attached to respond with acknowledgement or defence
14 days
Total time to file defence if acknowledgement of service correctly filed
28 days
Maximum agreed extension for filing a defence
28 days (56 days total from PoC), else require court permission
Claim in High Court or County Court ?
< or equal to 100k (PI 50k) must be County Court, else can be either based on value, complexity, and importance to public
Deadline for service of claim form in jurisdiction
4 months after issue
Claim form deemed served:
2nd business day after completing relevant step (ie posting, delivering, personally on D)
Deadline for service of other documents if not attached to claim form
2 weeks after claim form and within 4 months of claim form issue
Other documents deemed served
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
Purpose of acknowledgement of service
- extend deadline for defence or 2. challenge jurisdiction
Limitation period: Contract
6 years from breach
Limitation period: Tort
6 years from when C suffers damage
(latent damages = 6 years from damage or 3 years from knowledge + right to bring action)
Limitation period: Personal Injury
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
Limitation period: contribution
2 years from when right accrued
Limitation period: Judgement claim
6 years from when becomes enforceable
Litigation friend
represents children + protected parties, serve documents to friend
Response of “money paid”
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
Admitting to claim deadline
14 days off DDS PoC