DR - Time Limits

Question 1

limitation for tort claims (general)

Limitation

Answer 1

6 years from damage or date of knowledge

Question 2

limitation for contract claims (general)

Limitation

Answer 2

6 years from breach

Question 3

Limitation for Latent damages

Limitation

Answer 3

6 years from cause of action, 3 years from rights arising
15 years maximum

Question 4

limitation for contribution case claims

Limitation

Answer 4

2 years from date of liability for payment arising

Question 5

Limitation for PI/Fatal claims

Limitation

Answer 5

3 years

Question 6

Limitation for dependants of the deceased in fatal accident claims

Limitation

Answer 6

3 years from death/knowledge of dependent

Question 7

Timetable for PI Pre-Action

Pre-action

Answer 7

D acknowledges service within 21 days, sends letter of response within 3 months

Question 8

timetable for other forms of pre-action

Pre-action

Answer 8

D sends letter of response within reasonable time (14 days - 3 months)

Question 9

max value of money claim online

Commencing

Answer 9

£100,000 + no more than 2 defendants

Question 10

when must C serve certificate of service to court after service of Claim Form on D

Commencing

Answer 10

within 21 days (if D hasn’t acknowledged service)

Question 11

when must C file copy of Particulars of Claim at court after service on D

Commencing

Answer 11

within 7 days

Question 12

What is the form for acknowledgement of service and how long it extends defence deadline

Responding

Answer 12

N9
28 days from DDS

Question 13

what is the time which C has to respond to a ‘money paid’ response from D

Responding

Answer 13

28 days - claim stayed if no response

Question 14

time C files request for judgement after receiving notice of admission from D

Responding

Answer 14

14 days

Question 15

Claim form deemed date of service

Statements of Case

Answer 15

2 business days after

Question 16

all other (excluding CF) deemed dates of service

Statements of Case

Answer 16

Instant method: (personal service, fax, email, delivering / leaving at a permitted address)
* If done before 4.30pm on a business day: deemed served the same day.
* Otherwise: deemed served the next business day

Non-instant method: (Post / DX)
* Deemed served second day after posting / giving to DX provider, if a business day.
* Otherwise: deemed served the next business day (after)

Question 17

Limitation period for serving Claim Form after stamped/issued

Statements of Case

Answer 17

4 months

Question 18

When are Particulars of Claim to be served after the Claim Form

Statements of Case

Answer 18

14 days (within 4 months)

Question 19

Defence to be served or acknowledgement of service after Particulars of claim deemed date of service

Statements of Case

Answer 19

14 days from deemed date of service of particulars of claim (same for counterclaim)

Question 20

extension with acknowledgement of service

Statements of Case

Answer 20

28 days from Deemed date of service of particulars of claim

Question 21

agreed extension for statements of case (length)

Statements of Case

Answer 21

further 28 days (56 days from deemed date of service of particulars of claim)

Question 22

Where there is a claim for a contribution/indemnity from an existing party, time limit for not needing the court’s permission

Statements of Case

Answer 22

If not filed with the defence, then 28 days from when existing party files defence

Question 23

Standard directions:

Days to serve application notice/evidence before hearing

Interim applications

Answer 23

3, ASAP, ASAP (24hr)
SERVICE = not less than 3 (applicant)
FURTHER EVIDENCE = asap (respondent), asap (applicant)
STATEMENT OF COSTS = 24 hours before

Interim applications

Question 24

Extended directions (summary judgement and interim payments):

Days to serve application notice/evidence before hearing

Interim applications

Answer 24

14, 7, 3 (24hr)
SERVICE = at least 14 days before (applicant)
FURTHER EVIDENCE = 7 days (respondent), 3 days (applicant)
STATEMENT OF COSTS = 24 hours before

Interim applications

Question 25

Respondent’s right to apply for a without notice application to be set aside (from service) | Interim applications

Answer 25

within 7 days | Interim applications

Question 26

Form for interim application | Interim applications

Answer 26

N244 | Interim applications

Question 27

Pay judgement order / costs / certificate | Costs

Answer 27

14 days

Question 28

what must parties do to prepare for assessed (summary) costs (i.e. fast track) | Costs

Answer 28

Parties must prepare statements of costs (form N260) & serve no less than 24 hours pre-hearing

Question 29

Costs budget form | Costs

Answer 29

Precedent H

Question 30

Budget discussion report form | Costs

Answer 30

Precedent R

Question 31

Form to amend costs budget | Costs

Answer 31

Precedent T

Question 32

Parties to apply for an order from the court to be set aside/varied | Case Management

Answer 32

Within 7 days of service

Question 33

How long can parties can agree to extend a time limit | Case Management

Answer 33

The parties can agree an extension of time of up to 28 days but the court's permission is needed for a longer extension Can’t compromise hearing

Question 34

How long can proceedings be stayed if both parties request in DQ? If only one party? | Case Management

Answer 34

One month / Court considers if appropriate

Question 35

When do parties agree directions + draft directions before CMC and submit them | Multi-track

Answer 35

7 days before CMC

Question 36

When do you need to file a disclosure report | multi-track

Answer 36

Not less than 14 days before CMC (unless PI)

Question 37

(Costs management regime) Budgets filed and exchanged | Multi-track

Answer 37

21 days before CMC

Question 38

(Costs management regime) when do budget discussion reports need to be filed before CMC | Multi-track

Answer 38

>7 days before CMC

Question 39

Court that will only hear Multi-Track cases | Multi-track

Answer 39

High court (given the value requirement)

Question 40

Directions Questionnaire form | Multi-track

Answer 40

N181

Question 41

Financial value of the claim | Small claims

Answer 41

<£10,000 or <£1,000 for damages against landlord <£10,000 PI

Question 42

File and serve all documents to be relied on (abb. directions) | Small claims

Answer 42

14 days before final hearing

Question 43

Respond to a request for inspection (after written notice) | Small claims

Answer 43

7 days – unless reasons given (proportionality? Privilege?)

Question 44

DQ form | Small claims

Answer 44

N180

Question 45

Value of claims | fast-track

Answer 45

up to £25,000; no longer than a day; one oral expert per party only two fields

Question 46

value of a claim | intermediate track

Answer 46

up to £100,000

Question 47

form of disclosure report | Disclosure

Answer 47

N263

Question 48

time to comply with an inspection notice from opponent | disclosure

Answer 48

7 days

Question 49

Request cross-examination of a witness following notice of intent to rely on hearsay | Evidence

Answer 49

14 days after received notice

Question 50

Timeframe for asking an expert questions following the expert report | evidence

Answer 50

28 days from service

Question 51

When and who must experts share a copy of their questions to court? | evidence

Answer 51

The instructing party 7 days before The other party 4 days before

Question 52

Minimum relevant period in p36 offers | Settlement

Answer 52

21 days

Question 53

Form for p36 (optional) | settlement

Answer 53

N242A

Question 54

Within what time must an offeree seek clarification of the terms of the p36 offer | settlement

Answer 54

7 days of service

Question 55

Deadline to appeal to court to change the terms of offer after accepted within the relevant period | settlement

Answer 55

7 days from notice of acceptance

Question 56

time to pay settlement after acceptance | settlement

Answer 56

14 days

Question 57

Pre-trial checklist (as part of standard directions) | trial, enforcement & appeals

Answer 57

form N170 ('listing questionnaire"

Question 58

Days before the due date for filing is the pre-trial checklist sent to each party | trial, enforcement & appeals

Answer 58

14 days

Question 59

Submit trial bundle to court and all parties | trial, enforcement & appeals

Answer 59

No more than 7 days and no less that 3 days before a trial

Question 60

Deadline for sending list of authorities relied on | trial, enforcement & appeals

Answer 60

5pm day before hearing

Question 61

If not done by the court, when must a solicitor file a ‘drawn up’ judgement | trial, enforcement & appeals

Answer 61

7 days from becoming responsible

Question 62

When does a judgement become effective | trial, enforcement & appeals

Answer 62

As soon as it is made

Question 63

Interest rate on enforcement debts | trial, enforcement & appeals

Answer 63

8%

Question 64

Parties to comply with a payment order | trial, enforcement & appeals

Answer 64

14 days

Question 65

Serve notice personally on judgement debtor to attend court hearing | trial, enforcement & appeals

Answer 65

14 days

Question 66

Notice given by Enforcement Agent to judgement debtor before appropriating | trial, enforcement & appeals

Answer 66

7 days

Question 67

Time in which another owner of goods appropriated by EA can claim ownership in writing | trial, enforcement & appeals

Answer 67

7 days from appropriation

Question 68

Applications for permission (with reasons) for appeal within what time from lower court decision | Appeals

Answer 68

21 days (and on the other party 7 days after being filed)

Question 69

Timeframe for serving claim form after issue out of jurisdiction | Appeals

Answer 69

6 months