Civil Litigation
Dates and Time Limits
Limitation
∙ 6 year Limitation periods for claims in contract and tort, and on judgments ∙ 3
year Limitation period for Personal Injury claims (in tort and also contract) ∙ 2
year Limitation period for contribution claims
∙ PI claims: date of knowledge (LA 1980, s. 14), and "disapplying" limitation, s. 33 ∙
Latent damage cases: "starting date" in LA 1980, s. 14A, and "longstop" 15 years ∙
Fatal accidents: time runs from death or knowledge
∙ Children and protected persons at time of accident: when 18 etc.
Protocols
∙ In non-specific protocol cases the defendant may acknowledge the letter of
claim, and has a reasonable period to make a formal response by letter: o
14 days in a straightforward case
o 3 months (for example) in a complex case (including PI claims)
Service of Claim Forms
∙ 4 month period of validity for claim forms (within the jurisdiction) ∙ 6 month period of
validity for claim forms (outside the jurisdiction) ∙ Before 12.00 midnight on the calendar
day 4 months after the date of issue: must complete the step required for service of
claim form (r 7.5(1))
∙ 2nd business day after (posting, personal service etc): CF deemed served r 6.14
Responding and Default Judgment
∙ 14 days after deemed service of Particulars of Claim D must respond by either o
Acknowledging service ("A/S") or
o Filing and serving a Defence
∙ 28 days after deemed service of PoC, D having A/S, D must file Defence ∙ 28 day
maximum agreed extension by parties for Defence (max 56 days with A/S) ∙ Default
judgment (request or apply) at any time after expiry of the above time limits
Part 8 Claims
∙ C serves written evidence with the Part 8 claim form
∙ 14 days after deemed service of Part 8 claim form:
o D files & serves A/S (r 8.3(1)); and
o D files and serves written evidence with A/S (r 8.5(1))
∙ 14 days after service of D's evidence, C may serve further written evidence r 8.5(5)
Additional claims under Part 20
∙ Issuing a Part 20 additional claim without permission if before or at the same time as
filing the Defence (r 20.7(3))
∙ Issuing a contribution notice without permission:
o if before or at the same time as filing the Defence (r 20.6(2)(a)(i))
o within 28 days of added party filing its Defence (r 20.6(2)(a)(ii))
Service of other Documents (eg PoC, application notice, lists, Part 36):Table in r
6.26 ∙ 4.30 pm on business day: service by fax, email or personal service = that day ∙
, After 4.30 pm etc; fax, email or personal service = next business day ∙ Post (first class
etc); DX; through letter box = "second day" after posting (as long as the second day
is a business day. If not, next business day)
Calculating time
∙ "days" means "clear days": r 2.8(2), (3)
∙ 5 days or less: weekends and bank holidays do not count, r 2.8(4) ∙ Court
closed on final day of time period: next open day is in time: r 2.8(5) ∙ Parties
can agree in writing to vary time limits (r 2.11)
∙ Unless orders, and CPR with sanctions, normally cannot be extended (r 3.8(3)) ∙
28 day "prior" written agreement to extend time in Unless orders r 3.8(4))
Interim Applications (application notice = form N244) ∙ Interim application must be made
as soon as it becomes apparent it is necessary or desirable (PD 23A para 2.7)
∙ 3 clear days before the hearing, serve N244 and W/S (r 23.7(1)(b)) ∙ But in any
event "as soon as practicable" after N244 is filed (r 23.7(1)(a)) ∙ 14-day; 7-day and
3-day time limits for serving written evidence in summary judgment and interim
payment applications (rr 24.4, 24.5, 25.6).
∙ Application is "made" when the N244 is received by the court for issue (r 23.5) ∙
7 days after service of order for applying to set aside or vary: o orders made
by the court of its own initiative (r 3.3(6)); and
o orders made without notice (r 23.10(2)).
Earliest Time for Applying
∙ C may apply before issue of the claim form to likely court (r 23.2(4); r 25.2(1)) ∙ D
may apply for interim remedies only after filing A/S or Defence (r 25.2(2)(c)) ∙ C may
only apply for summary judgment after D has A/S or Defence (r 24.4(1)) ∙ C may
only apply for an interim payment after time to A/S expired (r 25.6(1))
Case Management
∙ Minimum 14-day period for returning directions questionnaires in small claims. ∙
Minimum 28 days for DQs in fast track and multi-track claims.
∙ 30 week period between allocation and trial in fast track claims.
∙ 1 day normal maximum for trial in fast track claims.
Amendment
General Provisions on Amendment
∙ Amendment without consent or permission before service (rr 17.1, 19.4(1)) ∙
14 days after service to apply to disallow amendment under r 17.1(1): r 17.2 ∙
After service:
o With consent of parties or court permission (r 17.1(2))
o Only with permission if amendment to parties (r 19.4(1),(2))
∙ Latest amendments: before delivery of judgment (permission very unlikely)
Amendment After Limitation
∙ After limitation usually no amendment to add "new claim" (cause of action or party) ∙
Cause of action may be added after limitation if the new claim:
o is an original set-off or counterclaim;
o PI limitation period is disapplied under LA 1980, s. 33; or
o arises out of the same or substantially the same facts
∙ Party may be added or substituted after limitation if "necessary", r 19.5 and: o
to correct a mistake or
o claim cannot be carried on without amending parties
Disclosure
Dates and Time Limits
Limitation
∙ 6 year Limitation periods for claims in contract and tort, and on judgments ∙ 3
year Limitation period for Personal Injury claims (in tort and also contract) ∙ 2
year Limitation period for contribution claims
∙ PI claims: date of knowledge (LA 1980, s. 14), and "disapplying" limitation, s. 33 ∙
Latent damage cases: "starting date" in LA 1980, s. 14A, and "longstop" 15 years ∙
Fatal accidents: time runs from death or knowledge
∙ Children and protected persons at time of accident: when 18 etc.
Protocols
∙ In non-specific protocol cases the defendant may acknowledge the letter of
claim, and has a reasonable period to make a formal response by letter: o
14 days in a straightforward case
o 3 months (for example) in a complex case (including PI claims)
Service of Claim Forms
∙ 4 month period of validity for claim forms (within the jurisdiction) ∙ 6 month period of
validity for claim forms (outside the jurisdiction) ∙ Before 12.00 midnight on the calendar
day 4 months after the date of issue: must complete the step required for service of
claim form (r 7.5(1))
∙ 2nd business day after (posting, personal service etc): CF deemed served r 6.14
Responding and Default Judgment
∙ 14 days after deemed service of Particulars of Claim D must respond by either o
Acknowledging service ("A/S") or
o Filing and serving a Defence
∙ 28 days after deemed service of PoC, D having A/S, D must file Defence ∙ 28 day
maximum agreed extension by parties for Defence (max 56 days with A/S) ∙ Default
judgment (request or apply) at any time after expiry of the above time limits
Part 8 Claims
∙ C serves written evidence with the Part 8 claim form
∙ 14 days after deemed service of Part 8 claim form:
o D files & serves A/S (r 8.3(1)); and
o D files and serves written evidence with A/S (r 8.5(1))
∙ 14 days after service of D's evidence, C may serve further written evidence r 8.5(5)
Additional claims under Part 20
∙ Issuing a Part 20 additional claim without permission if before or at the same time as
filing the Defence (r 20.7(3))
∙ Issuing a contribution notice without permission:
o if before or at the same time as filing the Defence (r 20.6(2)(a)(i))
o within 28 days of added party filing its Defence (r 20.6(2)(a)(ii))
Service of other Documents (eg PoC, application notice, lists, Part 36):Table in r
6.26 ∙ 4.30 pm on business day: service by fax, email or personal service = that day ∙
, After 4.30 pm etc; fax, email or personal service = next business day ∙ Post (first class
etc); DX; through letter box = "second day" after posting (as long as the second day
is a business day. If not, next business day)
Calculating time
∙ "days" means "clear days": r 2.8(2), (3)
∙ 5 days or less: weekends and bank holidays do not count, r 2.8(4) ∙ Court
closed on final day of time period: next open day is in time: r 2.8(5) ∙ Parties
can agree in writing to vary time limits (r 2.11)
∙ Unless orders, and CPR with sanctions, normally cannot be extended (r 3.8(3)) ∙
28 day "prior" written agreement to extend time in Unless orders r 3.8(4))
Interim Applications (application notice = form N244) ∙ Interim application must be made
as soon as it becomes apparent it is necessary or desirable (PD 23A para 2.7)
∙ 3 clear days before the hearing, serve N244 and W/S (r 23.7(1)(b)) ∙ But in any
event "as soon as practicable" after N244 is filed (r 23.7(1)(a)) ∙ 14-day; 7-day and
3-day time limits for serving written evidence in summary judgment and interim
payment applications (rr 24.4, 24.5, 25.6).
∙ Application is "made" when the N244 is received by the court for issue (r 23.5) ∙
7 days after service of order for applying to set aside or vary: o orders made
by the court of its own initiative (r 3.3(6)); and
o orders made without notice (r 23.10(2)).
Earliest Time for Applying
∙ C may apply before issue of the claim form to likely court (r 23.2(4); r 25.2(1)) ∙ D
may apply for interim remedies only after filing A/S or Defence (r 25.2(2)(c)) ∙ C may
only apply for summary judgment after D has A/S or Defence (r 24.4(1)) ∙ C may
only apply for an interim payment after time to A/S expired (r 25.6(1))
Case Management
∙ Minimum 14-day period for returning directions questionnaires in small claims. ∙
Minimum 28 days for DQs in fast track and multi-track claims.
∙ 30 week period between allocation and trial in fast track claims.
∙ 1 day normal maximum for trial in fast track claims.
Amendment
General Provisions on Amendment
∙ Amendment without consent or permission before service (rr 17.1, 19.4(1)) ∙
14 days after service to apply to disallow amendment under r 17.1(1): r 17.2 ∙
After service:
o With consent of parties or court permission (r 17.1(2))
o Only with permission if amendment to parties (r 19.4(1),(2))
∙ Latest amendments: before delivery of judgment (permission very unlikely)
Amendment After Limitation
∙ After limitation usually no amendment to add "new claim" (cause of action or party) ∙
Cause of action may be added after limitation if the new claim:
o is an original set-off or counterclaim;
o PI limitation period is disapplied under LA 1980, s. 33; or
o arises out of the same or substantially the same facts
∙ Party may be added or substituted after limitation if "necessary", r 19.5 and: o
to correct a mistake or
o claim cannot be carried on without amending parties
Disclosure
