Timelines

Question 1

When must a party comply with an order for costs?

Answer 1

Within 14 days of judgment or certificate (if later)

Question 2

When do parties exchange statement of costs?

Answer 2

Not less than 24 hours before the hearing

Question 3

When must a party dispute an item in the bill of costs for Detailed Assessment?

Answer 3

Serve on the recipient within 21 days of notice of commencement

Question 4

What is the limitation period for Personal Injury claims?

Answer 4

3 years of the latest of date of damage or knowledge

Question 5

What is the limitation period for fatal accidents (Fatal Accidents Act)

Answer 5

3 years of latest of date of death or date of knowledge of dependant

Question 6

What is the limitation period for latent damages?

Answer 6

The later of 6 years date of damage; or 3 years from date of knowledge

Question 7

Limitation period for tort and contract claims?

Answer 7

6 years from damage / breach

Question 8

What is the validity period of the claim form? When must the claim form be served?

Answer 8

Claimant must serve the claim form within 4 months from the date of issue

(6 months if outside the jurisdiction)

Question 9

What is the relevance of the claim form?

Answer 9

It stops the time running for limitation and begins new time limit for serving

Question 10

When must the claimant serve the particulars of claim?

Answer 10

Within 4 months from date of issue of claim form +
within 14 days of service of the claim form (if not served with claim form)

Question 11

When must the particulars of claim be filed at court?

Answer 11

Within 7 days of service (if not served with Claim Form)

Question 12

What is the deemed date of service for the claim form?

Answer 12

Second business day after completion of the relevant step

Question 13

What is the deemed date of service for particulars of claim (served separately to the claim form)

Answer 13

For instant methods before 4.30pm on business day = same business day, otherwise next business day

For non-instant methods (post and DX) = second day after posting if business day. Otherwise, next business day

Question 14

When must the defendant file an acknowledgement of service? What does AoS do?

Answer 14

Within 14 days after service of particulars of claim.
AoS extends time to file a defence to 28 days of DDS of particulars

Question 15

When must the defendant file a defence?

Answer 15

within 14 days of DDS of particulars of claim

Question 16

When is a counterclaim filed?

Answer 16

At the same time as the defence. If not, D needs permission from court

Question 17

When must the claimant file a defence to the counterclaim?

Answer 17

Within 14 days of service of the counterclaim

Question 18

CPR 20.7 When must a claim form of an additional claim be served?

Answer 18

within 14 days of it being issued

Question 19

What are the default rules for serving an interim application?

Answer 19

As soon as practicable from filed, and not less than 3 clear days before the hearing
Default rules apply to:
- security for costs
- interim injunction

Question 20

What is the deadline for service of interim payment or summary judgment (interim applications)

Answer 20

At least 14 days before hearing

Question 21

Interim payment / summary judgment - when must the respondent file its evidence?

Answer 21

At least 7 days before hearing

Question 22

Interim payment / summary judgment - when must the applicant submit its evidence in response?

Answer 22

At least 3 days before hearing

Question 23

When must the parties have exchanged statements of costs (for all interim applications)

Answer 23

Both parties file and exchange statements of costs not less than 24 hours before the hearing

Question 24

When must the budgets for a claim of less than £50,000 be filed?

Answer 24

With the parties’ directions questionnaires

Question 25

When must the budgets be filed for any other case (claim of £50,000 and above)?

Answer 25

21 days before the first CMC

Question 26

When must the disclosure report / electronic document questionnaire and bundles be filed?

Answer 26

Not less than 14 days before the first CMC (multi-track claims) (not for PI claims)

Question 27

When must draft directions and budget discussion report be filed and exchanged?

Answer 27

7 days before [any CMC]

Question 28

When must a party allow inspection?

Answer 28

Within 7 days of receipt of notice

Question 29

When must the claimant file the trial bundle?

Answer 29

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

Question 30

What is the deadline for an application for appeal?

Answer 30

Within 21 days of lower court's decision Party must have permission as there is NO automatic right of appeal

Question 31

Within what time period must a detailed costs assessment take place?

Answer 31

The hearing must take place within 3 months of the trial

Question 32

In a contractual dispute, a claimant serves proceedings against a litigant in person seeking damages of £75,000. Directions questionnaires have not yet been filed. Unless the court orders otherwise, will it be necessary for the parties to file and exchange costs budgets and, if so, by when?

Answer 32

In this scenario, only the claimant must file a costs budget which must be done not later than 21 days before the first CMC

Question 33

What is the maximum amount of time the parties can agree an extension for?

Answer 33

28 days Defendant and claimant can agree an extension of up to 28 days for serving a defence. - If extension of time is agreed, the court must be informed in writing (but no application to court is needed) Any extension beyond the initial 28 days agreed must be sought from the court - This would mean a defendant has up to 56 days from DDS of PofC without having to apply to court for permission for extension

Question 34

What is the time for complying with a judgment order?

Answer 34

Must comply with the judgment or order for the payment of an amount of money within 14 days of the date it is given

Question 35

Is applying to stay judgment sufficient to not comply with the judgment within the required 14 days?

Answer 35

No - even while the application to stay judgment is under consideration, the party must still comply with the judgment within 14 days of the date it was given

Question 36

What is the timeframe to perform an undertaking?

Answer 36

- Must be fulfilled within an agreed tmescale; or - If no timescale has been agreed, within a reasonable amount of time

Question 37

What powers does the court have to make a substitution for a party where the limitation period has expired?

Answer 37

The court can order a new party to be substituted because the relevant limitation period was current when proceedings were started - even if limitation period has now passed when one party wants to make an application to substitute/add another party - relevant time is whether the proceedings were started within limitation period

Question 38

What is the timeframe for a defendant to make a claim against a second defendant for contribution or indemnity?

Answer 38

The first defendant may serve a notice containing a statement of nature and grounds of additional claim within 28 days of service of second defendant's defence

Question 39

What is the general period of enforcement of a Tomlin order?

Answer 39

Six years - must be enforced within prescribed period of for breaches of contract (as terms of Tomlin order constitute a binding contract)