Civil litigation timeline: key deadlines

• Follow the relevant pre-action protocol, or the Practice Direction on Pre-Action Conduct if none applies.
• The defendant replies within 14 days, or up to 3 months in a complex case.
• Personal injury protocol: the defendant acknowledges within 21 days, then responds on liability within 3 months.
• Consider alternative dispute resolution. Unreasonably refusing it risks costs sanctions.

Practice Direction on Pre-Action Conduct

• Generally 6 years for contract and tort claims, and 3 years for personal injury.
• Issuing the claim stops time running.
• If time is short, issue first and ask for a stay to complete the protocol.

Limitation Act 1980

• The claim is issued on the date the court enters on the claim form.
• Generally, start in the County Court unless the claim is worth more than £100,000, or £50,000 or more for personal injury.
• The claim form must include a statement of truth.

Civil Procedure Rules, Part 7

• Within the jurisdiction, take the step to serve (posting, delivering or emailing) within 4 months of issue.
• The claim form is deemed served on the second business day after that step.
• Serve the particulars of claim with the claim form, or within 14 days after it, and within the 4 months.

Civil Procedure Rules, rules 6.14, 7.4 and 7.5

• The defendant must file either an acknowledgment of service or a defence.
• Filing an acknowledgment gives 28 days for the defence.
• To challenge jurisdiction, acknowledge service and then apply within 14 days.

Civil Procedure Rules, Parts 10 and 11

• The parties can agree to extend the defence deadline by up to 28 days. The defendant must tell the court.
• A counterclaim can be filed with the defence without permission.
• If nothing is filed in time, the claimant can ask for default judgment.

Civil Procedure Rules, Parts 14 and 15

• The claimant may reply to points raised in the defence. Not replying is not an admission.

Civil Procedure Rules, rule 15.8

• After the defence, the court sends a notice of proposed allocation.
• Each party files a directions questionnaire by the date in that notice.
• The parties can ask for a stay to try to settle.

Civil Procedure Rules, Part 26

• Small claims track up to £10,000, fast track up to £25,000, intermediate track up to £100,000, multi-track above that.
• The court also considers complexity, trial length and expert evidence.

Civil Procedure Rules, Part 26

• Costs budgets generally apply to multi-track claims worth less than £10 million.
• File the budget with the directions questionnaire if the claim is worth less than £50,000, otherwise 21 days before the first case management conference.

Civil Procedure Rules, rules 3.12 and 3.13, Part 29

• Standard disclosure: documents a party relies on, and documents that adversely affect its own or another party's case, or support another party's case.
• Fast track and personal injury multi-track claims: standard disclosure. Other multi-track claims: a disclosure report 14 days before the first case management conference.
• Privileged documents are listed but not open to inspection.

Civil Procedure Rules, Part 31

• Witness statements are exchanged and stand as evidence in chief.
• Expert evidence needs the court's permission. The expert's duty is to the court.
• A single joint expert is common in lower value claims.

Civil Procedure Rules, Parts 32 and 35

• Parties file pre-trial checklists where directed, and the court fixes the trial date.
• The claimant usually prepares the trial bundle.

Civil Procedure Rules, Parts 28, 29 and 39

• Generally the losing party pays the winner's costs, but the court has discretion.
• Small claims and fixed recoverable costs cases have their own costs rules.
• Costs are assessed on the standard or indemnity basis.

Civil Procedure Rules, Part 44

• Permission to appeal is usually needed.
• The test is a real prospect of success or some other compelling reason.
• File the appellant's notice within 21 days, unless the lower court directs otherwise.

Civil Procedure Rules, Part 52

• A money judgment is generally payable within 14 days.
• If it is not paid: taking control of goods, a third party debt order, a charging order or an attachment of earnings order.

Civil Procedure Rules, rule 40.11