1
Q
Time D has to reply to C’s letter of claim pursuant to the general pre-action protocol
A
- ‘Reasonable time’ - 14 days in a straight forward case, max 3 months in a very complex one
- But remember: the protocols are to be followed generally (not slavishly). So the time limits aren’t 100% strict. The parties can vary them by agreement and in any event the court will be concerned with reasonableness (rather than strict compliance).
2
Q
How much time should D get to investigate a claim before C issues proceedings under the PI protocol?
A
- 3 months
- Where this is not possible (e.g. bc a limitation period is about to expire), the parties should consider inviting the court to extend time for service of C’s supporting docs and for service of D’s defence or to stay proceedings
3
Q
Time frame for acknowledging the letter of notification under the PI protocol
A
14 days from receipt
4
Q
How long does D have to send the second copy of the letter of claim provided by C under the PI protocol to their insurer?
A
7 days from receipt of the letter
5
Q
How long does D’s insurer have to reply to C’s letter of claim under the PI protocol?
A
D’s insurer has to reply twice so two time limits apply:
- Initial response (this is not the terminology used in the CPR but I find it helpful)
- Once D has identified its insurer, the insurer has 21 calendar days from the date on which the letter identifying them was posted to reply to C.
- The point of this letter is for the insurer to identify any omissions in C’s letter and to point out if any D’s that have been identified by C incorrectly.
- If the insurer fails to reply within 21 days C can issue proceedings.
- Full response following investigation (again not the terminology used in the CPR)
- The insurer then has 3 months from the date of acknowledgement of C’s letter of claim to investigate the claim
- The insurer has to send another response within those 3 months (after investigation is complete).
- The purpose of this second response is to deny/admit liability and generally explain the view taken by the insurer as to the merits of C’s claim/the quantum claimed by C.
If the accident occurred outside of EW/D is not in the jurisdiction, the time limits are extended:
- 21 days -> 42 days
- 3 months -> 6 months
6
Q
How long does D have to object to the nomination of an expert by C under the PI protocol?
A
Depends on when the expert was nominated:
- If they were nominated in the original letter of claim (or presumably if the list was given in that letter) -> 14 days after expiry of the 21 day period for replying to the letter of claim
- In all other cases -> 14 days from nomination/provision of list of experts
7
Q
How much time do you have to ask further questions of an expert under the PI protocol?
A
28 days from service of the expert’s report (this applies both to the instructing party and the other side)
8
Q
Under the PI protocol, for how long should C delay issuing proceedings if D admits liability?
A
- 21 days from disclosure by C of (a) any medical reports on which C relies and (b) C’s schedule of past and future losses and expenses that C claims.
- The point of this is that D needs this info and the parties need an opportunity to consider settling.
9
Q
By when do you have to give notice that you will be using models/photographs as evidence (in cases where such notice is required)?
A
- If you want to rely on it as evidence of any fact -> not later than the latest date for serving witness statements
- If there are not to be any witness statements -> At least 21 days before the hearing at which the party proposes to put in the evidence
- If you intend to put in the evidence solely in order to disprove an allegation made in a witness statement -> At least 21 days before the hearing at which the party proposes to put in the evidence
- If it forms part of expert evidence (but is not contained in the expert’s report) -> at the time when the expert’s report is served on the other party
- If you want to produce it for any reason other than as part of factual or expert evidence -> at least 21 days before the hearing at which you propose to put in the evidence
10
Q
When does notice of intention to rely on hearsay evidence at trial have to be served by?
A
- Usually, the hearsay evidence will either be given at trial or in a witness statement -> then the normal evidential time limits apply
- But if no oral evidence will be given and no witness statement is submitted, then you have to serve notice no later than the time you have to serve witness statements
i.e. you would usually say that you will be relying on hearsay evidence in the witness statement of the witness that contains the evidence. If you don’t serve such a witness statement you have time to serve a notice no later than the latest date for serving witness statements.
11
Q
By when do you have to apply for permission to call a witness for cross-examination where the other side proposes to rely on the witness’ hearsay evidence, but does not propose to call the witness?
A
14 days after the notice of intention to rely on the hearsay evidence was served
12
Q
By when do you have to give notice of your intention to attack the credibility of a witness that has given hearsay evidence but who the party relying on the hearsay evidence does not propose to call at trial?
A
14 days after the day on which a hearsay notice relating to the hearsay evidence was served on the party proposing to attack the credibility
13
Q
How long does a party have to draw up a judgment/order where a court has permitted the party to do so?
A
Must be filed no later than 7 days after the date on which the court order or permitted him to draw it up
14
Q
When does a judgment/order take effect?
A
From the day when it is given or made or such later date as the court may specify
15
Q
When does time begin to run for the purposes of interest?
A
From the date that judgment is given, unless (a) a different rule in the CPR or a PD orders otherwise or (b) the court orders otherwise.
16
Q
How long do you have to comply with a judgment or order for the payment of an amount of money (including costs)?
A
14 days from the date of the judgment or order, unless (a) the judgment/order provides otherwise, (b) any other rules provide otherwise, or (c) the court has stayed the proceedings or judgment.
17
Q
How long do you have to comply with an order to do something (rather than to pay a sum of money)?
A
The order must specify the time limit for compliance. I.e. you have to comply within the time specified (no default rule).
18
Q
When can you bring enforcement proceedings of a settlement recorded in a court judgment?
A
All the normal rules for enforcement of judgments apply. The only time limit worth remembering is that the debtor has 14 days from the judgment/order to make any money payments ordered, so you shouldn’t bring enforcement proceedings before then.
19
Q
How long do you have to comply with an order for costs?
A
14 days from when you were ordered to pay costs (in a judgment or in a separate order) or by whatever date is specified by the court.
20
Q
If the court makes an adverse costs order (against a party or their legal representative personally) because the party or their legal representative has failed to comply with a rule in connection with the assessment of costs or has behaved unreasonably or improperly, how long does the legal representative have to inform their client of the order if the client was not present when the order was made?
A
7 days from when they receive the notice of the order
-> See r 44.11 if confused about what this is
21
Q
When does a statement of costs have to be filed by for the purposes of summary assessment?
A
- Fast track trial -> at least 2 days before the trial
- All other hearings -> at least 24h before the hearing
22
Q
What is the time limit for serving an arbitration claim form?
A
1 month from the date of issue
23
Q
What is the time limit for serving particulars of claim under Pt 7?
A
If it they are not included in the claim form: within 14 days of service of the CF and within the time allowed for service of the CF (i.e. 4 months in cases in the jurisdiction)
24
Q
What is the time limit for filing a copy of the particulars of claim under Pt 7?
A
If no copy has already been filed (e.g. bc it was filed together with the CF), then the claimant must file a copy within 7 days of serving the PoC on the defendant
25
What is the time limit for serving the claim form under Pt 7?
* Service *within* the jurisdiction: midnight on the calendar day **4 months** after the date of issue of the CF
* Service *out of* the jurisdiction: **6 months** after the date of issue of the CF
26
Within what time frame can you make an application for extension of time to serve the claim form under Pt 7?
* **Within the time limit for service of the CF** (i.e. 4 months for service in the jurisdiction).
* Exceptionally, the court can allow such an application if it is made outside of that time limit if: (a) C has acted promptly in making the application AND (b) the court failed to serve the CF *or* C took all reasonable steps to serve it
27
When is a *claim form* deemed to be served?
* The **second business day** after the completion of the 'relevant step'
* The main thing to note about 'the relevant step' is that in cases where you're not physically handing the CF over (i.e. personal service or delivery of the CF /leaving it a relevant place), the 'relevant step' is the doing of the act needed to serve, rather than receipt by D of the CF. I.e. you will have taken the step necessary to post, once you have given the letter to the postal office; you will have taken the step necessary to serve via e-mail by sending the e-mail. That's why we're speaking of 'deemed' service.
28
When is document other than the claim form deemed to have been served?
Remember, the CF is deemed to have been served on the second business day after completion of the relevant step. Other documents:
(a) Any form of post/DX/next day delivery -> the *second day* (counting also non-business days) after it was posted/left with/delivered to/collected by the relevant service provider. If that day is *not* a business day, then the next business day after that day.
(b) Any other mode of service (incl. personal service, e-mail, personal delivery, etc.) -> if the step that needs to occur (i.e. it is delivered, e-mail is sent, fax is faxed, etc) happens before 4.30pm on a business day, then the doc is deemed to have been served on that day. If it happens at any other time, then the next business day.
* *A useful point to remember is that all documents (CF and others) can only ever deemed to have been served on a business day.*
29
When does an acknowledgement of service have to be filed by?
* Pt 7 -> **14 days** after service of the PoC (i.e. if these are served with the CF, then from service of the CF; if these are served later then from the later date)
* Pt 8 -> **14 days** from service of the CF (bc PoCs are not used in Pt 8 proceedings)
30
What are the time limits that apply to the filing and serving of evidence under Pt 8?
1. C must file and serve on D any written evidence that they intend to rely on at the same time and with the CF
2. D has to file and serve on all parties any written evidence when filing and serving the acknowledgement of service
3. C then has **14 days** to file and serve on all other parties written evidence in reply
Extensions of time:
* Parties can apply to the court
* The parties can also agree on an extension. Obviously they can't agree to extend the time C has to file and serve written evidence, bc C's evidence is tied up with service of the CF. For D's evidence and evidence in reply the rules are: (a) D's evidence - up to **14 days**, the agreement must be filed with the court with D's acknowledgment of service; (b) evidence in reply - up to **28 days**, agreement must be filed within 48h of the agreement with the court
31
What is the time period for filing a defence?
* **14 days** after service of the PoCs
* *Unless* D has acknowledged service within the 14 day period -> then D has **28 days** from service of the PoCs to file a defence
32
Within what time frame does C have to reply to a notice from the court requesting to know whether C wishes to continue with the claim where D alleges that he has already paid the sums that C is claiming?
28 days from service of the notice - if C does not reply the claim will be stayed
33
If you choose to file a reply, when do you have to do this by?
The reply must be filed *and served* when C files the directions questionnaire.
34
How long do you have to file and serve your notice of contribution proceedings against a co-D by where the co-D was only added after you have already filed and served your defence to the main claim, if you want to avoid having to ask the court for permission?
**28 days** from when the co-D files their defence
35
Within what time frame do you have to apply to the court for the court to disallow an amendment to a statement of case?
**14 days** from service of a copy of the amended statement of case
36
If you are granted permission to amend, how long do you have to file the amended statement of case?
**14 days** from the date of permission (or such other time period as the court may direct)
37
Within what timeframe can you request an oral hearing of your permission to appeal if your written request was refused?
Application must be filed within **7 days** after service of the notice that permission has been refused
38
If a hearing for permission to appeal to the CoA is directed, when must the hearing be listed?
No later than **14 days** from the date of the direction
39
When must the appellant's notice be filed at the appeal court?
* Within **21 days** after "the date of the decision" under appeal, unless the lower court directs a different period
* N.B. this rule seems to apply whether you request permission to appeal in the notice or you already have permission from the lower court
40
When must the appellant's notice be served on the respondents?
As soon as is practicable but not later than **7 days** after it is filed.
41
What is the timeframe for filing a respondent's notice?
Either: the period specified by the lower court at the hearing at which the judgment sought to be appealed is given
Or: **14 days** after
* (1) if permission was given by the lower court or permission is not required -> the date the respondent is served with the appellant's notice
* (2) the date the respondent is served with notification that the appeal court has given the appellant permission to appeal; or
* (3) the date the respondent is served with notification that the application for permission to appeal and the appeal itself are to be heard together
42
When must the respondent's notice be served on the other parties?
As soon as practicable and in any event not later than **7 days** after it is filed.
43
How much time must have passed since the making of a request for further information before a court can deal with the application without a hearing?
**14 days** since service of the request + the time limit stated in the request must have expired (and the party must not have responded to the request in that time)
44
How much time before a hearing for summary judgment must the parties be given notice of the hearing?
The respondent/the parties (where the court fixes the hearing of its own initiative) must be given **at least 14 days' notice** of the date and the issues that the court will decide at the hearing
45
What time limits apply to the serving/filing of written evidence in summary judgment applications?
1. Where a party has made an application for SJ
* **Applicant**: file a copy of the written evidence and serve a copy on R **at least 3 days** before the summary judgement hearing
* **Respondent**: file a copy of the written evidence and serve a copy on every other party to the application **at least 7 days** before the summary judgement hearing
2. Where the court has fixed the hearing of its own motion
* **Primary written evidence on which you wish to rely**: file a copy of the written evidence and serve a copy on every other party to the proceedings **at least 7 days** before the summary judgement hearing
* **Evidence in reply**: file and serve copy on every other party **at least 3 days** before the hearing
*N.B. no need to file/serve evidence that has already been filed/served*
46
When will the court allocate the claim to a track?
* When all parties have filed their directions questionnaire (*n.b. there are circumstances in which the court can make directions where a party has failed to file a directions questionnaire. In these cases, the court allocates when giving directions*).
* If the claim was stayed before it was allocated, it will be allocated at the end of the period of stay.
* If the claim was referred to the Mediation Service and the court has not been notified in writing that a settlement has been agreed, then the claim will be allocated **no later than 4 weeks** after the last directions questionnaire was filed.
47
How many days' notice must the court give if it is scheduling a hearing to decide whether to exercise any of its powers of its own initiative?
It MUST give each party likely to be affected by the order at least **3 days'** notice of the hearing
48
What can you do if the court has made an order without giving the parties an opportunity to make representations?
Apply to the court to have it set aside, varied or stayed (any party affected by the order can do this).
49
How long do you have to make an application to set aside, vary or stay any order which the court may have made of its own initiative without giving the parties an opportunity to make representations?
**Time limit** = **7 days** from the date on which the order was served on the party making the application or such time as the court has directed in the order
50
When must the costs budget be filed and exchanged?
1. when the value on the claim form is less than £50,000 -> **with their directions questionnaire**
2. in any other case, **not later than 21 days** before the first case management conference.
51
When do budget discussion reports have to be filed?
No later than **7 days** before the first case management conference
52
By when do parties have to file and serve the documents specified in the notice of proposed allocation?
By the time specified in the notice itself. This will be:
(1) small claims track - *at least* **14 days** after date of service of the notice
(2) fast track/multi track - *at least* **28 days** after date of service of the notice
53
How long will the proceedings be stayed for if all the the parties agree (and they accordingly submit a written request when filing the directions questionnaire) that it should be stayed so that the parties can attempt to settle?
1 month
54
By when do the parties have to submit proposed or agreed directions to the court in multi-track claims?
**At least 7 days** before the CMC.
55
How much time do you have to file a completed pre-trial check list where all parties have failed to submit one in time and the court has notified you that the claim, defence and counterclaims (if any) will be struck out if you don't submit one?
**7 days from service of that order**
56
If the court decides to either schedule or cancel a pre-trial review upon the receipt of the pre-trial check lists, how much notice will the parties get of this decision?
At least **7 days** before the date fixed for the hearing
57
How many days' notice will the court give of hearings in the case management phase on the multi-track *other than pre-trial reviews*?
**3 days**
58
After how many days will the court assume that you are satisfied with a case management decision (provided you did not apply to have it varied/appealed it)?
The court will assume that you are content with the decision if you have not applied to have it varied within *14 days* of service of the order.
59
How many days' notice will the court give of a hearing of an application to vary a case management decision?
**At least 3**
60
What is the latest date that the court will set for completion of the pre-trial check list?
**8 weeks** before the trial
61
What is the latest date that the court will serve the pre-trial check list?
**14 days** before it is due
62
What is the maximum amount of time to which parties can agree to extend the time for compliance with a court order backed by sanction in case of default?
**Maximum of 28 days** (additional reqs: prior written agreement of the parties, extension does not put the trial date at risk)
63
How long does D have to apply to set aside a notice of discontinuance?
D must apply **within 28 days* of service of the notice.
64
Where C has partially discontinued the claim and is now liable for the costs of the discontinued part after how many days of non-payment by C does the court become entitled to stay the remainder of the proceedings?
If C does not pay the sum within **14 days** of the date on which payment falls due, the court is entitled to stay the remainder of the proceedings until C has paid.
65
By when do you have to file and serve the disclosure report (i.e. the document you will use to discuss disclosure with the other party)?
At least **14 days** before the first CMC.
66
By when do you need to have met to seek to agree with the other side on disclosure rules?
At least **7 days** before the first CMC
67
If you receive a request for inspection of documents that you have disclosed, by when do you need to have permitted inspection?
No later than **7 days* after the day on which you received the notice containing the request
68
If a party requests copies of documents that have been disclosed and offers to pay reasonable copying costs, by when do they need to have been given copies?
Within **7 days** of receiving the request
69
When does a copy of the application notice have to be *served*?
To make an application notice you *always* have to file an application notice with the court unless given permission not to by the court or by a PD or rule. In addition, the application notice has to be *served* on the respondent. This must have **as soon as practicable** after it has been filed and, in any event, not later than **at least 3 days** before the court is to deal with the application. *Unless* it's a *telephone hearing* -> then needs to be served as soon as practicable after issue and **at least 5 days** before the date of the hearing.
70
How long do you have to apply to set aside or vary an order made in response to an application of which you were not given notice?
**7 days** from service on you of the order (r. 23.10)
71
By when do you need to *file* the application notice, evidence in support and a draft order if you are seeking an urgent interim injunction that you have not given the respondent notice of?
* Ordinarily, such applications will be dealt with at a hearing and the documents need to be filed with the court at least **2 hours** before the hearing.
* In rare cases it may be so urgent that the application is dealt with without a hearing (i.e. instead by telephone) and before the application notice has been issued. In that case, you need to provide *the draft order* **at the hearing** and file the application notice and evidence in support on the **same or the next working day**
72
What is the earliest time from which a claimant can apply for an order for interim payment?
The end of the period for filing an acknowledgment of service applicable to the D against whom the order is sought
73
By when do you have to serve an application for an order for interim payment on D?
No later than **14 days* before the hearing of the application
74
When does a respondent to an application for an order for interim payment have to file and serve any written evidence they wish to rely on by? When does the applicant, if they wish to rely on evidence in reply, have to file and serve this by?
* Respondent = **7 days** before the hearing
* Applicant = **3 days** before the hearing
75
What is the time limit for serving witness statements?
This is a trick question - the time limit will be decided on a case-by-case basis during the case management phase
76
When must a notice to admit facts be served by at the latest?
**21 days before the trial**
77
When does a notice to prove a document have to be served by?
The later of:
a. the deadline for serving witness statements; *or*
b. within **7 days** of disclosure of the document
78
By when do you have to serve notice of your intention to put in evidence a deposition?
At least **21 days** before the day fixed for the hearing
79
If a Pt 36 offer is made more than ... [X] ... days before the trial, the offeror must define a relevant period.
**21**
80
If D makes a Pt 36 offer to pay a sum in settlement what is the *latest* point in time he can validly offer to pay (otherwise the offer is not a Pt 36 offer)?
Cannot offer to pay the sum in settlement more than **14 days** after acceptance of the offer (if it does this it's not a Pt 36 offer)
81
What are the time limits that apply to the process of requesting clarification of Pt 36 offers?
* The initial request for clarification must be made within **7 days** of the Part 36 offer being made
* If the offeror does not clarify the offer within **7 days** of receiving the request, the offeree can apply to the court to make an order requiring the offeror to clarify the offer
* If the court makes such an order it must specify the date on which the Pt 36 is treated as having been made in the order
82
What is the relevant period of a late Pt 36 offer?
Runs until the end of the trial
83
By when do you need to apply for permission to withdraw/change your Pt 36 offer if the relevant period has not yet expired and the offeree has accepted it?
Time limit within which you need to apply: whichever is earlier of (i) within **7 days of the offeree's notice of acceptance**; or (ii) the **first day of trial**
84
If the pt 36 offer that is accepted is for or includes an offer to pay or accept a single sum of money, when must that sum be paid?
Within 14 days of the date of acceptance.
85
What is the time limit for serving notice of your intention put in a deposition as evidence?
Notice of intention to do so must be served on every other party **at least 21 days before the day fixed for the hearing**
86
When must a witness summary ordinarily be served?
Unless the court orders otherwise - within the period in which a witness statement would have had to be served
87
When is a witness summons issued?
On the date entered onto the summons by the court
88
How many days before the date on which the witness is required to attend must the summons be served in order for it to be binding?
**At least 7 days**
BUT the court can direct that it is to be binding even if it is served less than 7 days in advance
89
When does a notice of admission have to be served?
It is a notice requiring the other party to admit the facts, or part of the case of the serving party, specified in the notice.
Must be served no later than **21 days before the trial**.
90
By what date must a notice to prove a document be served?
Whichever is later of:
(a) the latest date for serving witness statements; or
(b) within **7 days** of disclosure of the document
91
When must written questions to an expert be put to the expert by?
Within **28 days of service of the expert's report**
92
What are the time limits that apply to the report drawn up by two experts after a discussion between them?
* Copies must be signed by the experts asap and no later than **7 days** after the conclusion of the discussion
* Copies of it must be provided to the parties no later than **14 days** after signing
93
When an expert requests directions from the court, by when do they need to provide a copy of the proposed directions to (a) the instructing party and (b) any other party to the proceedings?
* (a) to the party instructing them -> at least **7 days before they file the requests**
* (b) to all other parties -> at least **4 days before they file them**
Civil Litigation 2.0
flashcards
Decks in class (26)
# Cards
-
1. General Matters60
-
2. Limitation - easier to revise straight from white book24
-
3. Pre-action Conduct59
-
4. Alternative Dispute Resolution: Adjudicative Options57
-
5. ADR: Non-Adjudicative Options72
-
6. Commencing Proceedings68
-
7. Parties18
-
8. Statements of Case56
-
9. Multiple Causes of Action, Counterclaims and Other Additional Claims24
-
10. Amendment13
-
11. Further Information14
-
12. Default and Summary Judgment38
-
13. Case Management, Sanctions, Striking Out and Discontinuance122
-
14. Disclosure and Inspection of Documents82
-
15. Interim Applications41
-
16. Interim Payment and Security for Costs24
-
17. Interim Injunctions21
-
18. Settlement47
-
19. Evidence of Fact58
-
20. Expert Evidence49
-
Civil Trial and Evidence (Syllabus 21)14
-
22. Judgments, Orders and Enforcements78
-
23. Costs48
-
24. Appeals47
-
Cases5
-
Time Limits93
