Summary Bar School Civil Litigation – Ultimate Full Notes to Pass on First Attempt (UK Bar Course)

Civil – Tests & Time Limits
Key:
• DQ - Directions questionnaire

• FT - Fast track

• LQ - Listing questionnaire

• MT - Multi track

• SCT - Small claims track

• - Similar test (prospect of success and/or compelling/good reason)

• - Time limit that's more or less than 'normal' 14 days


2 - Limitations and Allocation of Business betw Courts
• Limitation period (LP) for Contribution claim: within 2 years of date of accrual of action (DoAA) • LP
for PI claim or Fatal Accident: within 3 years of DoAA
• LP for tort (non-PI/FA); contract; actions to enforce judgments; recover arrears of interest:
within 6 years from DoAA
• Special LP for latent (property) damage: within 6 years of DoAA, or within 3 years of earliest date
on which P first had knowledge + right
• Overriding time limit for non-PI negligence actions: within 15 years of DoAA • Special rules -- Persons
under disability: Action may be brought within 6 years of date when he ceased to be under a
disability, or died (whichever first occurred)

3 - Commencing proceedings
• Part 7
o
Time limit for service of CF:
▪ Within jurisdiction: 12am on calendar day 4m after date of issue

▪ Outside jurisdiction: 6m after date of issue
o
Time limit for service of PoC:
▪ Within 14 days of service of CF

• Part 8
o
Time limit for D to file AoS: within 14 days of service of Pt 8 CF
o
Time limit for D to file evidence: within 14 days of filing AoS
o o
Time limit for C to file evidence in reply: within 14 days of D's service of AoS Extended
time limit for C to file evidence in reply: within 28 days of D's service of AoS • C's Service

, o
Claim Form, inside jurisdiction => DDOS = 2nd business day after completion of relevant
step
o
Doc other than CF
▪ Non-instant (1st class post; Doc exchange) => DDOS = 2nd day after completion,
provided it's a business day. If not, next business day after that day.
▪ Instant

• If step completed on business day before 4.30pm => DDOS = On that day • If
not => DDOS = Next business day after day on which step completed


4 - Defendant's statement of case & response to claim
o
Time limit for filing AoS: within 14 days of DDS of PoC
o
Time limit for filing defence (+ counterclaim):
▪ If filed AoS => 28 days of DDS of PoC

▪ If no AoS => 14 days of DDS of PoC
o
Time limit for C's Reply to Defence: same time limit for filing/serving DQs



o
Time limit for C's Defence to Counterclaim:
▪ If filing Defence to CC in addition to Reply to Defence => By same date as Reply ▪ If
filing Defence to CC only => 14 days after DDS of CC
o
Time limit for C to respond to court's notice that D's defence is that money claimed has
been paid: within 28 days after service of court's notice

5 - Amendment; Further Info; Multiple CoA; Counterclaims & other additional
claims
• Amendment to s/c
o
W/o court's permission, time limit to apply: within 14 days of service of copy of
amended s/c
o o
W/ court's permission, time limit to file: within 14 days of date of permission order
Time limit to apply to court to disallow amendment (which was made where court's
permission x required): within 14 days of service of copy of amended s/c
o
Test for granting permission (within LP): discretionary (in line w/ OO)
o
Test for granting permission (outside LP): new claim arises out of same/substantially
same facts as existing claim
• Amendment to parties
o o
Test for granting permission (within LP): discretionary, if desirable (in line w/ OO)