Permissions, Notice, and Days for Applications Flashcards
1
Q
Timeframe for defendant to respond to pre-action protocol notice for claim
A
Between 14 days and 3 months
2
Q
Time given to defendants to investigate and respond to a claim before proceedings are issued
A
Up to 3 months
3
Q
Time for a defendant to acknowledge letter of notification in PIP
A
Within 14 days
4
Q
Time for a defendant to respond to letter of claim in PIP
A
Within 21 days
5
Q
Time for indicating an objection to a named expert in PIP
A
Within 14 days
Of providing the list of experts
6
Q
Time for putting written questions to expert after report
A
Within 28 days of the expert’s report
7
Q
Is notice needed for commencing arbitration?
A
Yes
Must be in writing
8
Q
Time for serving particulars of claim after claim form service
A
Within 14 days after service of the claim form
9
Q
Time for serving a claim form after issue
A
Within 4 months after issue of claim form
10
Q
Time for serving a claim for out of the jurisdiction
A
Within 6 months of issue
11
Q
Application for extending time for compliance
A
Must be supported by evidence
May be made without notice
12
Q
Is notice required for a claimant to serve claim form on a solicitor?
A
Def’s solicitor must notify the claimant in writing
13
Q
When is the deemed service of a claim form?
A
Second business day after sending form
14
Q
Deemed service of document via leaving it at permitted address
A
On that day (if before 4:30pm)
Next business day (if after 4:30pm)
15
Q
Deemed service of document via fax
A
On that day (if before 4:30pm)
Next business day (if after 4:30pm)
16
Q
Deemed service of document via email
A
On that day (if before 4:30pm)
Next business day (if after 4:30pm)
17
Q
Time to file acknowledgment of service after claim form
A
Within 14 days after service of claim form
18
Q
Permission required to remove, add or substitute a party if claim form has been served
A
Yes, court’s permission is required
19
Q
Permission required to remove, add or substitute a party if claim form has not been served?
A
No permission required
20
Q
Application for permission to add or sub a party
A
Must be supported by evidence
May be made without notice
Requires consent of person
21
Q
Permission required to make a counterclaim against a claimant?
A
No- if filed counterclaim with defence
Yes- if not filed with defence
22
Q
Notice required for defendant’s claim for contribution
A
Yes
23
Q
Time to serve additional claim form on person
A
Within 14 days after additional claim was issued
24
Q
Notice required for making an additional claim?
A
Yes
Must be filed with additional claim
25
Application and notice required to permit a child to conduct proceedings without a lit friend
Application required
May be made without notice
26
Permission required to make an application against a child before proceedings have started
Yes - if they have no litigation friend
27
Permission for settlement or payment on behalf of child
Yes, permission is always required
28
Tort limitation period
6 years
29
Contract limitation period
6 years
30
Contribution limitation period
2 years
31
Personal injury limitation period
3 years
32
Negligence where date of accrual unknown limitation period
6 years from cause of action
3 years form date of knowledge
33
Negligence limitation period
15 years
34
Judgment enforcement limitation period
6 years
35
Disability limitation period
6 years (from when they died or ceased to be disabled)
36
Statement of truth for particulars of claim?
Yes
37
Period for filing defence after particulars of claim
Within 14 days after service of particulars of claim
38
Period for filing defence if defendant has filed an acknowledgment of service
Within 28 days after service of particulars of claim
39
Permission for extending period for filing defence
Parties must agree
Written notice to court
40
Permission for amending statement of case before serving
Any time without permission
41
Permission for amending statement of case after being served
Written consent of parties
OR
Permission of court
42
Application to amend statements of case
Must file application notice with court
Within 14 days of permission, file the amended statement of case
43
Seeking further information from a a party
Serve a written request
44
Seeking a court order for further information after party refusal
No notice required for party
Court can deal with request without a hearing
45
Permission to vary a time limit
Written agreement of the parties
46
Notice of court's intention to make an order of its own initiative
At least 3 days notice of the hearing
47
Days parties can agree to extend time for doing an act
Maximum of 28 days
48
Time for filing and exchanging budgets
No later than 21 days before first CMC
(also value less than £50,000)
49
Time for filing an agreed budget discussion report
No later than 7 days before first CMC
50
Notice for court giving provisional allocation
Court officer must serve a notice of proposed allocation on each party
Once defendant has filed a defence
51
Two or more defendants, and at least one of them files a defence
=
When will the court serve notice of allocation?
When all defendants have filed a defence
When period for filing last defence has expired
52
Time for filing and serving documents required by small claims track allocation notice
At least 14 days after notice
53
Time for filing and serving documents required by fast/multi claims track allocation notice
At least 28 days
54
Time court will stay proceedings for ADR after filing directions questionnaire
Stay for one month
55
Notice after allocating claim to a track?
Yes, the court will serve a notice of allocation on every party
56
Time for parties agreeing and submitting appropriate directions before CMC
At least 7 days before CMC
57
Time for filing pre-trial check list
Within 7 days from service of order
58
Time for court to serve pre-trial review notice
At least 7 days before date
59
Party permission for the court proposing to make an order on its own initiative
Parties must have consented in writing to the order
60
Time for applying to vary a court direction
Within 14 days of service of the directions
61
Changing court directions
Party must apply within 14 days of the direction
62
Permission to discontinue a claim?
No
Only if the court has granted an interim injunction, or given an undertaking
63
Notice for discontinuing a claim
Yes, party must file and serve a notice of discontinuance on every party
64
Time for defendant to set aside notice of discontinuance
Within 28 days of notice of discontinuance
65
Permission to make a claim if claimant has already discontinued a claim
Yes, court permission is required (if the facts are the same)
66
Defendant's application for an interim remedy before filing acknowledgment of service or defence
Cannot do so
Must file AoS or defence
67
Notice for granting interim remedy
Must give notice
Can only not give notice if urgent
68
Application for interim remedy requirements
Usually with notice (unless urgent)
Must be supported by evidence
69
Application for interim payment before period for filing an acknowledgment of service
Cannot apply for an interim payment under these circumstances
70
Notice required for interim payment application
Yes
71
Time for serving application notice for interim payment
At least 14 days before hearing
Must be supported by evidence
72
Time for respondent to interim payment application to file and serve evidence
At least 7 days before hearing
73
Time for applicant to rely on written evidence in reply to respondents, in an interim payment application
At least 3 days before the hearing
74
Obtaining default judgment
File a request with the court for default judgment
75
Feature of application to set aside default judgment
Should be made promptly
76
What must be included in an application notice
What order is being sought
Why the order is being sought
77
Time for serving a copy of application notice
As soon as practicable after filing
AND
Within 3 days before hearing
78
Circumstances for dealing with an application without a hearing
If the parties agree the terms of the order
If the parties agree to dispense with the hearing
79
Circumstances for applications without notice
Extreme urgency
Furthering the overriding objective
Consent of all parties
Permission of the court
80
When should informal notification of an application be given?
When an application notice was not served due to urgency
Inform notice should not be given if the application requires secrecy
81
Application for summary judgment before defendant has filed acknowledgment of service or defence
Court must give permission
82
Time for notice to respondent after fixing summary judgment hearing
At least 14 days notice of hearing
83
Time for application notice of summary judgment to respondent
At least 14 days before hearing
84
Application for security of costs
Can only be made by defendants
Must be supported by written evidence
85
Time for filing and serving a disclosure statement before the first CMC
Within 14 days of the first CMC
86
Time for parties to discuss and agree a proposal relating to disclosure before the first CMC
Within 7 days of the first CMC
87
Time for permitting inspection of document after disclosure
Within 7 days of receiving notice to inspect document
88
Application for pre-action disclosure
Must be supported by evidence
89
Application for disclosure from a non-party
Must be supported by evidence
90
Permission for use of documents not in proceedings
Must gain court permission
OR
Document has been read to court
OR
Other party agrees
91
Time for a party to comply with a costs order
Within 14 days of the order being made
92
Permission for enforcing a QOCS order
No permission required to enforce QOCS
93
Which QOCS exception requires court permission to use?
Where, on the balance of probabilities, there has been fundamental dishonesty
Permission is required
94
Which QOCS exception does not require court permission to use?
Where the claim has been struck out
No permission is required
95
Form of a Part 36 order
Must be in writing
Make clear that it is pursuant to Part 36
Specify a period of 21 days
96
Time for requesting clarification of a Part 36 offer
Within 7 days of the Part 36 being made
97
Notice and permission for withdrawing or changing terms of a Part 36 offer after expiry
Notice is required
Don't need permission
98
Notice and permission for withdrawing or changing terms of a Part 36 offer before expiry
Notice is required
Don't need permission
99
Notice and permission for withdrawing or changing terms of ACCEPTED Part 36 offer before expiry
Offeror must apply to court for permission within 7 days of notice of acceptance
100
Notice for accepting Part 36 offer before expiry
Must give written notice of acceptance
101
Notice for accepting Part 36 offer after expiry/during trial
Must give written notice of acceptance
Must apply for court's permission
102
Time for a party to file an order or judgment
Within 7 days after the date the court permitted them to draw it up
103
Notice for correcting an error or omission in a judgment or order
Application without notice
104
Permission to appeal against a judgment
Yes permission is required
105
Exceptions to needing permission to appeal
For a committal order
Refusal to grant habeas corpus
106
Time for filing an appellant's notice on the respondent
As soon as practicable
AND
Within 7 days
107
Is a respondent's notice required for an appeal?
No, unless they seek permission to appeal from the appeal court
OR
Wish to uphold the decision of the lower court for different reasons
108
Permission for obtaining transcripts for appeal
Only a request is required
109
Application for varying time limit for filing appeal notice
Application must be made to appeal court
110
Obtaining enforcement of a High Court judgment or County Court order
Application to the High Court for transfer of proceedings
111
Application to order a judgment debtor to attend court for an information hearing
Doesn't require notice
112
Application for a third party debt order
May be made without notice
Must be verified by a statement of truth
113
Permission to call an expert to put in evidence
Must have court's permission
114
Permission to rely on expert evidence used in previous proceedings
No permission required
115
Time for putting written questions about an expert's report
Within 28 days of service
116
Permission to put forward questions to an expert not for the purpose of clarification
Need court permission
OR
Other party agrees
117
Permission to amplify witness statement
Court permission is needed
118
Permission to cross-examine a person giving evidence
Requires court permission
119
Permission to use a witness summary, instead of a witness statement
Permission is required, but without notice
120
Time for serving notice to admit facts
At least 21 days before trial
121
Requirement for getting another party to admit facts
Must serve notice
Must be at least 21 days before trial
122
Notice for serving a witness statement and witness is present
No notice required
123
Notice where witness statement is served, but witness is not present
Must inform the other parties that the witness is not being called
AND
Give the reasons why
124
Notice where no witness is served, and no witness is present
Must serve notice on parties identifying the hearsay evidence
Must serve notice no later than the latest date for serving written statements
125
Time for applying for permission to cross-examine hearsay evidence
Within 14 days of the notice of intention to rely on hearsay
126
Notice and time for attacking credibility of person who made statement
Must give notice
Within 14 days of hearsay notice
127
Notice and time for proposal to put in evidence such as a plan, photo or model
Must give notice
At least 21 days before hearing
128
Permission and time for obtaining witness summons
Must obtain permission
At least 7 days before date of trial
129
Time for serving a witness summons
At least 7 days before trial
130
Obtaining permission to use a deposition
Party must apply for a person to be examined for a deposition
131
Notice and time to use a deposition at a hearing
Party must serve notice of intention on every party
At least 21 days before hearing
132
Time for serving witness summary
Within the period in which a witness statement would be served
133
Time for filing a draft order
Should be filed with the court two hours before the hearing
