SQE 1 Dispute Resolution: Time Limits

Limitation: Contract

6 Years from breach

Limitation: Tort

3 years from damage (from the date on which the cause of action accrued)/ date of knowledge of injury

Limitation: Personal Injury

3 years of the latest of: the date when the cause of action accrued; or the date of knowledge of the person injured.

Limitation: Fatal Accidents

3 years from the later of (i) Date of death; (ii) The date of knowledge of the dependent.

Limitation: Disability

Limitation period starts to run from when the disability ends, and is:

• 2 years in relation to contribution claims.

• 3 years in relation to personal injury or fatal accident claims; and

• 6 years in most other cases.

A person is under a disability whilst they are a minor (under the age of 18) or lacks mental capacity to conduct the proceedings.

Limitation: Fraud

Limitation does not start to run until the claimant discovered the fraud, concealment, or mistake (or could with reasonable diligence have discovered it).

Claim Form Expiry:

4 Months (UK)

6 Months (Out of Jurisdiction)

Deemed Date of Service

Claim Form: Second Business Day after completion of Relevant Step.

Particulars of claim are contained in the claim form: they are clearly part of the claim form, deemed served second business day after relevant step.

Deemed date of service of documents other than the claim form (Instant methods): If done before 4.30pm on a business day: deemed served the same day. Otherwise deemed served the next business day.

Not-instant methods: Deemed served second day after posting / giving to DX provider, if a business day.

Acknowledgment of Service

14 Days after DDS of the Particulars of Claim/Claim Form that includes Particulars of Claim

Defence

14 days from the DDS of the particulars of claim.

If the defendant files an acknowledgment of service indicating an intention to defend, the deadline for serving the defence to 28 days after the deemed date of service of the particulars of claim.

Response of Money Paid

Defendant will serve a defence stating the money has already been paid, 14 Days from DDS of PofC.

Court serves notice of this to claimant to check if the money has been paid, claimant must respond within 28 days and the claim is stayed if they do not do so.

Admitting a Claim

14 Days from DDS of PofC

If a specified claim has been admitted and paid in full (with interest, court fee and costs) within the 14 day period for responding to the claim, it is unlikely that a judgment will also be entered.

Reply to Defence

Optional, but if done it should be filed with the directions questionnaire.

Parties are given at least 14 days' notice of the deadline for doing this.

Should be the last statement of case, courts permission required after this

Default Judgment

If the time limit expires for the defendant to file a defence of AofS

Classic Counterclaim

Made at the same time as the defendant files its defence

Defence to Counterclaim

14 days after service of the counterclaim

Default Judgement on Counter Claims/Additional Claims

If a party does not file a defence to a counterclaim then a defendant can apply for default judgment as usual.

If an existing party does not reply to a notice of contribution or indemnity, it is not possible to apply for a default judgment.

Service of Interim Application (Includes Security for Costs Applications and Interim Injunction Applications)

As soon as practicable but not less that 3 clear days before the Hearing

Filing Evidence for Interim Applications

Respondent: ASAP

Applicant Reply: ASAP

File and Exchange Statements of Costs for Interim Applications

Not less than 24 Hours before the Hearing

Application to set aside a Without Notice Application decision/order

Within 7 days of the order being served on the other party

Service of a Summary Judgment Application on the defendant

At least 14 days before the hearing

Further Evidence for Summary Judgment Application

Respondent: At least 7 days before hearing

Applicant Reply: At least 3 days before Hearing

File and Exchange Statements of Costs for Summary Judgement Application

Not less than 24 Hours before Hearing

Service of a Interim Payment Application

At least 14 days before the hearing

Further Evidence for Interim Payment Application

Respondent: At least 7 days before hearing

Applicant Reply: At least 3 days before Hearing

File and Exchange Statements of Costs for Interim Payments Application

Not less than 24 Hours before Hearing

File and Serve Directions Questionnaire and Proposed Directions

By date set out in notice of proposed allocation

File and Exchange/ Serve Costs Budget (Precedent H)

For claims valued between £50k and £10m not later than 21 Days before the Case and Costs Management Conference (CCMC)

File and Exchange/Serve Disclosure Report

Not less than 14 Days from CCMC

File and Exchange/Serve Budget Discussion Report. (Precedent R)

No later than 7 days before the CCMC

File and Exchange/Serve Agreed/Proposed Directions

At least 7 days before the CCMC

Fast Track Standard Directions

Disclosure: Within 4 weeks from Allocation

Witness Statements: Within 10 weeks from Allocation

Expert Reports (SJE Preferred): Within 14 Weeks from Allocation

Preparation for Trial and Trial: Within 20-30 weeks from Allocation

Extension of time by prior written agreement of the parties (before the deadline is reached)

A maximum of 28 days provided that this does not put at risk any hearing date.

Detailed Assessment of Costs: Points of dispute in relation to any item in the bill of costs

Served on the receiving party by the paying party within 21 days of service of the notice of commencement.

Exchange of Witness Statements

Court will give directions as to when, but parties can extend the deadline for witness statements by up to 28 days in writing without court approval, as long as it doesn't risk a hearing

Notice of Intention to Rely on Hearsay evidence

Not needed if the evidence is in a witness statement of a person who is to give oral evidence at trial.

If the evidence is in a witness statement of a person who is not giving oral evidence at trial, no formal notice is required but the other party must be informed that the witness will not be giving evidence at trial with reasons.

In all other cases, formal notice must be given to the other party identifying the hearsay, usually no later than the latest date for serving witness statements, stating that the party wishes to rely on it and the reason why the witness will not be called.

If the notice is not given in time, the evidence is still admissible, but the court will attach less weight to it, and offending party may be penalised in costs

Responding to Hearsay Notices: Application to Call for Cross Examination

No later than 14 days after the hearsay notice was served on the applicant

Responding to Hearsay Notices: Attack Credibility of an Absent Witness

No later than 14 days after the hearsay notice was served

Questions by a party to experts once expert reports have been exchanged

Must be submitted to the expert within 28 days of service of the report

Questions by experts to the court

Provide to the party instructing the expert, a copy of any proposed request for directions at least 7 days before filing it at court

Provide a copy to all other parties at least 4 days before filing it at court.

Part 36 Offer: Relevant Period

A period of not less than 21 days, specified in a Part 36 offer

Clarifying a Part 36 Offer

Within 7 days of Service

Accepting a Part 36 Offer

The defendant has 14 days from acceptance to pay the settlement amount agreed unless otherwise agreed in writing

Different rules apply where an offeree accepts an offer but the offer was made less than 21 days before trial. In this situation, if the parties do not agree liability for costs the court must determine liability

Pre-Trial Checklist

A pre-trial checklist is sent to each party at least 14 days before the due date for filing. The due date will be at least eight weeks prior to the trial date or the start of the trial period

Filing the Trial Bundle with the Court (Responsibility of Claimant)

No more than seven days and no less than three days before the trial begins

Submitting a List of Authorities (If Case is in the High Court)

by 5pm the day before the hearing

Drawing up and Service of Judgments/Orders

Orders are drawn up by the court or parties, filed, and served. Consent orders are drawn up by the parties. If a party fails to draw up an order within 7 days, another party may do so.

When a Judgment/Order Takes Effect

Judgments/orders take effect from the date they are given or made.

Interest accrues from the judgment date.

Parties have 14 days to comply with a money judgment/order.

The court can grant a stay of execution on application by the party against whom the judgment was made, allowing more time to pay.

Taking Control of Goods Notice

The EO notifies the judgment debtor at least 7 days before seizing goods, without specifying the exact time.

Taking Control of Goods: Sale of Goods Notice

7 Clear Days before the Sale of the Goods

Appeal (including permission application)

within 21 days of the lower court's decision

Hague Convention

applies if proceedings begin on or after January 1, 2021

Disputing Jurisdiction Application

Must file an Acknowledgement of Service within 14 Days from the DDS, then apply within 14 days of the AofS

Conflict of Laws: Rome 1 Regulations (Contract)

Applies from 17th December 2009

Conflict of Laws: Rome II Regualtions (Tort)

Only applies to events giving rise to damage which occurred on or after 10 January 2009