Summary TIME LIMITS & NUMBERS - CIVIL LITIGATION (2023)
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Course
BPC
Institution
BPC
Written by a student who achieved an Outstanding on the BPC, including a 94 in Civil Litigation (2023). All of the time limits and numbers you need to know for the Civil Litigation exams, from the White Book Volumes I & II.
CPR 3: THE COURT’S CASE AND COSTS MANAGEMENT POWERS
- 3.3 – Where the court proposes to make an order of its own initiative, and hold a
hearing to decide whether to make the order, it MUST give each party likely to be
affected by the order at least 3 days’ notice of the hearing
- 3.3 – The court may make an order of its own initiative, without hearing the
parties/giving them an opportunity to make representations. If this happens, an
affected party may apply to have it set aside (this application must contain a
statement of the right to make such an application). It must be made within such
period as specified by the court or, if the court doesn’t specify, within 7 days after
the date on which the order was served on the party
- 3.8 – Where a rule/practice direction/order requires a party to do something within
a specified time, AND specifies the consequence of failing to comply, the time for
doing the act in question generally can’t be extended by agreement between the
parties. BUT (assuming the court hasn’t ordered otherwise) the time for doing the
act may be extended by prior written agreement of the parties for up to 28 days -
provided that it doesn’t put at risk any hearing date
- 3.13 – MULTI-TRACK ONLY - unless the court otherwise orders, all parties except
litigants in person must file and exchange budgets:
o For a claim less than £50,000, with their directions questionnaire; or
o For a claim £50,000 or more, at least 21 days before the first case
management conference.
When a party files and exchanges a budget accordingly, all other
parties (except litigants in person) must file an agreed budget
discussion report no later than 7 days before the case management
conference. NOTE: litigants in person should still be provided with a
copy of each other party’s budget
CPR 7: HOW TO START PROCEEDINGS – THE CLAIM FORM
- 7.4 – Particulars of claim must either:
o Be contained in or served with the claim form; or
o Be served on the D by the C within 14 days after service of the claim form
(provided that this is no later than the latest time for serving the claim
form)
- 7.4 – After service of the particulars of claim on the D, the C has 7 days to file a copy
if not already filed. (C may not be required to file if the proceedings are sent to a
different centre, unless ordered to do so)
- 7.5 – SERVICE OF A CLAIM FORM – The C must serve the claim form before midnight
on the date 4 months after the date of issue of the claim form (or 6 months if
serving outside of the jurisdiction – including Scotland)
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