Unit 2: step-by-step timeline of dispute

1. Claim Form Issued

  • Day 0 (Issue Date): The claimant issues (files) the claim form at court.

  • 4-Month Window: The claimant has 4 months from the date of issue to serve the claim form on the defendant (CPR 7.5).

2. Serving the Claim Form

2.1 Methods of Service for the Claim Form (CPR 6.14)

Under CPR 6.14, no matter which method is used (post, personal service, leaving at a solicitor’s address, or email/fax if agreed), a claim form is always deemed served on the second business day after the relevant step is taken (e.g., posting, handing it over, emailing).

Important: This differs from the usual “before/after 4:30 pm” rules in CPR 6.26. Those do not apply to claim forms; they apply to other documents.

Examples

  • If you post the claim form by first-class mail on a Monday (before midnight), the claim form is deemed served on Wednesday (the second business day after Monday).

  • If you personally serve a claim form on a Monday at 2:00 pm, it is still deemed served on Wednesday.

2.2 Serving the Particulars of Claim

Option A: Serve Particulars with the Claim Form

  • If the particulars of claim are attached to or included in the claim form, they are deemed served at the same time as the claim form (i.e., on the second business day after you complete the step to serve the claim form).

Option B: Serve Particulars Separately

  • The claimant may serve the particulars of claim within 14 days of serving the claim form (but still within the original 4-month window from the claim form’s issue date).

  • For non-claim form documents like the particulars of claim when served separately, CPR 6.26 applies. Deemed service then depends on the method and time of service:

    • First Class Post: Deemed served on the 2nd business day after posting.

    • Personal Service / Leaving at a Designated Address (before 4:30 pm): Deemed served the same business day; if after 4:30 pm, the next business day.

    • Email/Fax (agreed): If sent on a business day before 4:30 pm, deemed served that same day; otherwise, the next business day.

3. Defendant’s Deadline to Respond

Whether the particulars are served with the claim form or after, the defendant’s time to respond runs from the deemed date of service of the particulars (CPR 9.2).

  1. 14 Days (from deemed service of the particulars of claim)

    • The defendant must either:

      • File a defence, or

      • File an acknowledgment of service (AoS), or

      • File an admission (whole or part), or

      • Make another application (e.g. disputing the court’s jurisdiction).

  2. If an AoS is filed within 14 days

    • The defendant gets an additional 14 days (total 28 days from the deemed service) in which to file the defence (CPR 15.4).

  3. Extensions by Agreement (CPR 15.5)

    • The parties can agree in writing to extend the defence-filing deadline by up to 28 further days (so up to 56 days in total from deemed service of the particulars).

    • Any longer extension needs the court’s permission.

  4. No Response / Default Judgment

    • If the defendant does not respond (no defence, no AoS, no admission) by the 14-day deadline, the claimant may request default judgment.

4. Full Timeline Illustration (Hypothetical Example)

Below is an example showing how the timelines and deemed service rules fit together.

  1. Day 0 (Monday)

    • Claim form issued at court (issue date). The claimant has until Day 120 (4 months) to serve it.

  2. Day 1 (Tuesday)

    • The claimant posts the claim form (including particulars of claim) by first-class mail.

  3. Deemed Service of the Claim Form & Particulars

    • Under CPR 6.14, for a claim form, deemed service is the second business day after posting (which is Thursday, Day 3).

    • Because the particulars are included with the claim form, they are deemed served the same day as the claim form (Day 3, Thursday).

  4. Day 3 (Thursday):

    • Deemed service date for both claim form and particulars of claim.

  5. Defendant’s 14-Day Response Period

    • Starts Day 4 (Friday) and ends on Day 17 (the second Thursday after Day 3, if counting calendar days).

    • By Day 17: The defendant must file either a defence or an acknowledgment of service (AoS) or an admission.

  6. If the Defendant Files an AoS by Day 17

    • The defence is then due by Day 31 (28 days from Day 3).

  7. Extension by Agreement

    • The parties can agree in writing to push the defence deadline to as far as Day 59 (28 more days on top of the original 28).

  8. If the Defendant Ignores the Claim

    • After Day 17, the claimant may seek default judgment.

5. Post-Response Stages (High-Level)

Once the defence is filed (or if the defendant defends part and admits part):

  1. Allocation & Directions

    • The court will usually require an Allocation Questionnaire (for Small Claims, Fast Track, or Multi-Track).

    • Then a case management conference or listing questionnaire may follow.

  2. Disclosure & Exchange of Evidence

    • Parties disclose relevant documents and exchange witness statements/expert reports.

  3. Pre-Trial Review / Final Hearing

    • If the case does not settle, the matter proceeds to trial or final hearing, culminating in a judgment.

Key Points to Remember

  1. Claim Form Deemed Service (CPR 6.14):

    • Always the 2nd business day after the relevant step, regardless of how you serve it (post, personal service, email, etc.).

  2. Other Documents Deemed Service (CPR 6.26):

    • Depends on method and time of day (e.g., before/after 4:30 pm).

  3. Defence Deadlines (CPR 15.4):

    • 14 days from deemed service of the particulars of claim.

    • 28 days if an acknowledgment of service is filed on time.

    • Up to 56 days by party agreement, else court permission.

  4. Default Judgment (CPR 12):

    • If no response within the statutory time, the claimant may enter default judgment.