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PRACTICE NOTES
This Practice Note sets out the deadlines/time limits for filing and serving statements of case in CPR 7 claims where the claim form is served in England and Wales. It covers the time for serving and filing various court documents being, the claim form, the particulars of claim, the acknowledgment of service, the defence, a counterclaim, a defence to a counterclaim and a reply. Guidance is also given on the consequences of failing to file or serve a statement of case on time. It does not cover the Admiralty courts which have their own rules. These time limits apply to claims started under CPR 7. For claims under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims). Different provisions apply when dealing with statements of case in cross border disputes. For guidance, see Practice Note: Cross border disputes—timetable for statements of case. This Practice Note does not deal with the time
CHECKLISTS
FORTHCOMING CHANGE related to Making Tax Digital: As part of the government’s wider Making Tax Digital (MTD) programme: • subject to limited exceptions and deferrals, sole traders and landlords will be required to submit quarterly digital updates to HMRC about their income and outgoings and returns in digital compatible formats with effect from April 2026, April 2027 or April 2028 for those with income in excess of £50,000, £30,000 or £20,000 respectively—at Budget 2025 the government announced the introduction of legislation in Finance Bill 2026 on MTD for income tax to take effect from 1 April 2026, including provisions to clarify its scope and new powers to make regulations affecting end of year returns, and • the previous government consulted from 12 November 2020 to 5 March 2021 on the design for extending MTD to corporation tax on a voluntary basis from 2024 and a mandatory basis not before 2026, for more detail see News Analysis: Further provisions for draft Finance Bill 2021—Tax analysis—Business and enterprise ; however, this did not happen and
PRACTICE NOTES
The jurisdiction to bring claims in the employment tribunal derives from statute (eg the unfair dismissal jurisdiction derives from the Employment Rights Act 1996 (ERA 1996)). Time limits for presenting such claims are also to be found in the relevant statute (eg the time limit for bringing an unfair dismissal claim is at ERA 1996, s 111). Failure to bring a claim within the relevant time limit puts the claim outside the jurisdiction of the tribunal and the tribunal cannot hear it unless it decides that time should be extended according to the relevant principles applying to that sort of claim. These jurisdictional time limits for presenting a claim to the tribunal in the first place, and the possibilities for extending them, are the subject of this Practice Note. Quite distinct from this are the rules relating to a different type of time limit, namely time periods set and used in the procedural conduct of employment tribunal litigation subsequent to the presentation of a claim, eg: • an order that a document be produced
NEWS
Local Government analysis: In this case, the claimant competed for a contract for the supply and maintenance of fleets of tractor cabs and trailers to a council-owned operator of waste processing facilities. Its tender was disqualified. It concurrently issued a claim in the Technology and Construction Court (TCC) under the Public Contracts Regulations 2015 (PCR 2015), as well as a claim for judicial review in the administrative court. The TCC dismissed both claims as being out of time. The court distilled the principles governing limitation and applications for extensions of time in the two different kinds of procurement challenge. Written by Jonathan Lewis, barrister, at Henderson Chambers.
NEWS
Corporate Crime analysis: The Divisional Court dismissed the prosecutor’s appeal against a decision that the prosecution was brought out of time, contrary to section 127(5) of the Communications Act 2003 (CA 2003). That section contains an extended time limit for that offence, requiring summary proceedings be brought within six months of the date of the relevant knowledge of the prosecutor. This judgment clarifies the correct interpretation of the time limit, emphasising the distinction that the relevant date is when all the evidence first comes to the knowledge of the prosecutor entitled to make a decision, not when the decision to prosecute is made. This case is significant for practitioners dealing with the many types of summary offence that have similar provision for the longer statutory time limits specific to offences that are excepted from the usual section 127 of the Magistrates’ Courts Act 1980 limit. It highlights the importance of timely action by the prosecution in reaching decisions and concluding any appeals against initial non-prosecution decisions, and of the question of jurisdiction being considered by the court. Written by Philip Rule KC, No5 Chambers.
CHECKLISTS
This Checklist outlines the general limitation periods for personal injury and clinical negligence claims together with details of the types of claim which have exceptions to the standard limitation periods or which fall outside the standard limitation periods. Practitioners should be alive to those personal injury claims to which the Limitation Act 1980 (LA 1980) does not apply. For those claims, see: Exceptions to the general rule below below. The general rule Under LA 1980, the standard limitation periods in the vast majority of personal injury and clinical negligence claims are: Type of claim Time limit Limitation runs from? Discretion to extend time? Further guidance Most personal injury and clinical negligence claims on behalf of an adult Three years—LA 1980, s 11(4) —the date on which the cause of action accrued, or—the date of knowledge (if later) of the person injured Yes —Time limits under the Limitation Act 1980—personal injury claims—Limitation in clinical negligence claims—Date of knowledge—section 14 of the Limitation Act 1980—The court’s power to extend
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force. This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. Key time limits under the Public Contracts Regulations 2015 The tables below outline the key minimum time limits for responding to advertised public procurements under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, based on Crown
PRACTICE NOTES
This Practice Note reviews the Limitation Act 1980 (LA 1980) and outlines the time limits within which claimants are entitled to bring various claims. Generally, any claim issued after the relevant limitation period has expired will be statute-barred, giving the defendant a complete defence to the claim. This Practice Note also explains, in relation to personal injury claims, the general rules on when time starts to run, the concept of date of knowledge and the circumstances in which a court may disapply the limitation period. It also includes a useful checklist of personal injury cases which fall outside of the usual three-year limitation period. LA 1980 sets out the statutory time limits within which claimants may bring different types of claims. In general terms, a defendant will have a complete defence to any claim brought (see further below: ‘When is a claim brought?’) after the expiry of the applicable time limit. Once the relevant time limit has passed, the claim becomes statute-barred. The purpose of the limitation period
PRACTICE NOTES
Time is a precious commodity so trying to understand how we can get organised and make the most of the time available to us is an essential skill. Dealing with time bandits There are three fundamental elements of time management: • what am I supposed to be doing? • what is getting in the way? • what can I do about it? If the way you are currently managing your time isn’t working for you, you need to try doing something different. That doesn’t always feel comfortable, but if you continue working the same way you will continue getting the same results. Start by making a list: • what are you employed to do? • what are the key activities related to these tasks? It may sound overly simplistic but in the day-to-day chaos of working life it is very easy to lose sight of your key responsibilities. Next, make a list of all the things that interrupt or distract you during the course of a day, eg: • poor filing • work-related interruptions from colleagues • organisation
PRACTICE NOTES
Time is one of the great commodities of the family lawyer. As a profession, the emphasis has only recently begun to shift from selling time, through to selling 'a great job' by the gradual introduction across the sector of fixed fees. Even so, the more 'great jobs' that can be achieved in a lawyer’s day, the more profitable the firm and the family lawyer. It seems everybody is under pressure to produce more in less time. How can family lawyers stay on top of their workload but stay happy with their work-life balance? The human body-clock, concentration and productivity There are only so many productive hours in a day and every family lawyer is allotted a set of 24 hours on a rolling basis. Our bodies are governed by an internal circadian rhythm so all of us have blocks of time in which we are more, or less, productive. Cognisance of the internal clock is helpful so that a family lawyer can plan their tasks and the day accordingly. Many find
PRECEDENTS
This time log can be used to keep a daily record of the various tasks an in-house lawyer is spending time on.
PRECEDENTS
This Precedent time management—time log can be used to keep a daily record of the various tasks an individual is spending time