Dispute Resolution - Stipulations as to Time
Limitation Periods:
- Basic Rule = 6 years from the date of cause of action.
- In contract, as soon as the breach occurs.
- In tort, when the tort is committed. In negligence this will be when damage
occurs as a result of breach of duty.
- Personal Injury = 3 years
- This runs from the date of cause of action or date of knowledge of the person
injured.
- For children, the time limit does not run until 18 years of age.
- Negligence - where the damage is latent at the date when the cause of action accrued,
section 14A of the Limitation Act 1980 provides that the limitation period expires either:
- 6 years from the date of the cause of action; or
- 3 years from the date of knowledge of the damage, whichever is later, but
- No later than 15 years after the date of the negligent act or omission.
- Contractual Limitation - in contract, it is important to check this provision, as the date is
usually much shorter than the statutory limitation period.
Alternative Dispute Resolution - Any party not engaging in any such means proposed by another
must serve a witness statement giving reasons within 21 days of that proposal; such witness
statements must not be shown to the trial judge until questions of costs arise.
Responding to Claim PDPAC Paragraph 8 - Defendant must provide a response with a
reasonable time - 14 days in a straightforward claim and 3 months max in a complex one.
Pre-Action Protocol for Debt Claims - 30 days to respond - court proceedings cannot be issued
before this deadline.
Pre-Action Protocol for Professional Negligence - Preliminary Notice notifying the professional
of intended claim. The professional should be instructed to inform their insurers immediately
and acknowledge in writing with 21 days of receipt. Then Letter of Claim to be served and the
professional has another 21 days to respond. Thereafter they have 3 months to investigate and
respond. If the letter of response denies the claim in its entirety and there is no letter of
settlement, it is open to the claimant to start court proceedings. In any other circumstance the
claimant should instigate negotiations with the aim of resolving the claim within 6 months.
, Deemed Service of The Claim Form
Rule 6.14 introduces simple indisputable presumption that the claim form is deemed to have
been served on the 2nd Business Day after the step required has occurred.
- ‘Business day’ = any day except Saturday, Sunday, Bank Holiday, Good Friday or
Christmas day.
- The ‘step required’ = for example, putting the claim form in the post.
Thus a claim form sent by post on Monday will usually be deemed served on Wednesday.
- Personal Service
- First class post or document exchange
- Leaving the form at a specified place
- By fax or other election means
- Any other method authorised by court
Deemed Service of Other Documents
Two categories - those with a cut off time of 4:30pm and those without.
Personal Service
Delivering the Document to a permitted address
Fax
Email = If Served before 4:30 pm on a business day, that day.
= If not, the next business day.
First Class Post or DX
= the second day after it was posted provided that day is a
business day (essentially 48 hours). Technically can fall on
a weekend etc, so it will roll on to the next day if it is a
weekend/bank holiday etc.
= If not, the next business day.
Service of the Particulars of Claim:
Particulars can be served separately. For more complex cases they may follow the claim form.
Can be served:
- Either at the same time as the claim for; or
Limitation Periods:
- Basic Rule = 6 years from the date of cause of action.
- In contract, as soon as the breach occurs.
- In tort, when the tort is committed. In negligence this will be when damage
occurs as a result of breach of duty.
- Personal Injury = 3 years
- This runs from the date of cause of action or date of knowledge of the person
injured.
- For children, the time limit does not run until 18 years of age.
- Negligence - where the damage is latent at the date when the cause of action accrued,
section 14A of the Limitation Act 1980 provides that the limitation period expires either:
- 6 years from the date of the cause of action; or
- 3 years from the date of knowledge of the damage, whichever is later, but
- No later than 15 years after the date of the negligent act or omission.
- Contractual Limitation - in contract, it is important to check this provision, as the date is
usually much shorter than the statutory limitation period.
Alternative Dispute Resolution - Any party not engaging in any such means proposed by another
must serve a witness statement giving reasons within 21 days of that proposal; such witness
statements must not be shown to the trial judge until questions of costs arise.
Responding to Claim PDPAC Paragraph 8 - Defendant must provide a response with a
reasonable time - 14 days in a straightforward claim and 3 months max in a complex one.
Pre-Action Protocol for Debt Claims - 30 days to respond - court proceedings cannot be issued
before this deadline.
Pre-Action Protocol for Professional Negligence - Preliminary Notice notifying the professional
of intended claim. The professional should be instructed to inform their insurers immediately
and acknowledge in writing with 21 days of receipt. Then Letter of Claim to be served and the
professional has another 21 days to respond. Thereafter they have 3 months to investigate and
respond. If the letter of response denies the claim in its entirety and there is no letter of
settlement, it is open to the claimant to start court proceedings. In any other circumstance the
claimant should instigate negotiations with the aim of resolving the claim within 6 months.
, Deemed Service of The Claim Form
Rule 6.14 introduces simple indisputable presumption that the claim form is deemed to have
been served on the 2nd Business Day after the step required has occurred.
- ‘Business day’ = any day except Saturday, Sunday, Bank Holiday, Good Friday or
Christmas day.
- The ‘step required’ = for example, putting the claim form in the post.
Thus a claim form sent by post on Monday will usually be deemed served on Wednesday.
- Personal Service
- First class post or document exchange
- Leaving the form at a specified place
- By fax or other election means
- Any other method authorised by court
Deemed Service of Other Documents
Two categories - those with a cut off time of 4:30pm and those without.
Personal Service
Delivering the Document to a permitted address
Fax
Email = If Served before 4:30 pm on a business day, that day.
= If not, the next business day.
First Class Post or DX
= the second day after it was posted provided that day is a
business day (essentially 48 hours). Technically can fall on
a weekend etc, so it will roll on to the next day if it is a
weekend/bank holiday etc.
= If not, the next business day.
Service of the Particulars of Claim:
Particulars can be served separately. For more complex cases they may follow the claim form.
Can be served:
- Either at the same time as the claim for; or
