It's Christmas time! So it is important that Court deadlines are reviewed.
The Bank Holidays, Christmas Day and New Year’s Day are approaching, so please double check any Notices and Orders to calculate the deadline during this festive period. Please remember that if the Costs Budget is due in the first week of January 2022 then the preparation of the Costs Budget in advance would be prudent.
We thought it helpful if we summarised the rules regarding filing and serving Court documents. CPR Part 6 confirms the rules in relation to the service of documents. It is CPR 2.8 that sets out how to calculate the time period for filing, and of particular importance are parts 2.8(2) and (3), which specifically explain the clear day rule.
CPR Part 2.8
(1) This rule shows how to calculate any period of time for doing any act which is specified –
(a) by these Rules;
(b) by a practice direction; or
(c) by a judgment or order of the court.
(2) A period of time expressed as a number of days shall be computed as clear days.
(3) In this rule ‘clear days’ means that in computing the number of days –
(a) the day on which the period begins; and
(b) if the end of the period is defined by reference to an event, the day on which that event occurs
In terms of Costs Budgets, meeting the deadline is critical, as to do otherwise will result in the Costs Budget being reduced to court fees only. It is CPR Part 3, Rule 3.13 that sets out the deadlines that must be satisfied, which are as follows:
(1) Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets—
(a) where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or
(b) in any other case, not later than 21 days before the first case management conference.
(2) In the event that a party files and exchanges a budget under paragraph (1), all other parties, not being litigants in person, must file an agreed budget discussion report no later than 7 days before the first case management conference.
The rules surrounding the methods of filing and serving of Court documents need to be borne in mind. for instance if they have to be by post/in person and not service by email.
Please do get in touch if you have received a Notice of Proposed Allocation and/or Notice of CCMC Date, and we can advise regarding when the Costs Budget needs to be filed thereby avoiding any sanctions being imposed.
If you require any assistance with your legal costs requirements, please do get in touch with the team on 01733 350 880, or by email firstname.lastname@example.org. For more information please do visit our website www.aandmbacon.co.uk.
Published 13 December 2021
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