Dispute Resolution

Limitation for latent damage in negligence (s.14A Limitation Act 1980)

6 years from damage, OR 3 years from knowledge if later, subject to 15-year longstop from the negligent act

Defence deadline if defendant files acknowledgment of service

28 days from service of particulars (extended from 14 days)

Defence deadline if NO acknowledgment of service filed

14 days from service of particulars

Time limit to serve claim form (within jurisdiction)

4 months from issue

Effect of failing to deal with an allegation in a defence

Deemed admitted (CPR 16.5(5))

Standard disclosure—does it include documents harmful to your own case?

Yes—duty of candour requires disclosure of documents that adversely affect your own case

Consequence where claimant beats own Part 36 offer at trial

Defendant pays enhanced interest, indemnity costs from expiry, plus an additional amount

Charging order

Enforcement method placing a charge over the debtor's property to secure a judgment debt