Don’t be left out in the cold!
With the Christmas Break coming upon us, it is important that we do not miss any Court deadlines. Many fee earners find themselves under time constraints for filing and serving Court documents in good time so it is important the rules are at the forefront of our minds.
CPR Part 6 confirms the rules in relation to service of documents. We would refer you to CPR 2.8 which sets out how to calculate the time period you have to ensure this is not missed. Parts 2.8(2) and (3) specifically explain the clear day rule which can often catch fee earners out.
CPR Part 2.8
- 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
are not included.
For all Costs Budgets guidance is set out in CPR Part 3, Rule 3.13 that:-
- 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
DO NOT MISS OUT……..As we have Bank Holidays, Christmas Day and New Year’s Day approaching, be safe and double check your Notices and Orders to make sure you will not miss a deadline during the period between Christmas and New Year. Not only during this period, but check if your Client’s Budget is due in the first week of January 2022 so you can start the preparation of the Budget in advance.
We must also bear in mind the rules surrounding the methods of filing and serving of Court documents if they have to be by post/in person and not service by email.
If you have received a Notice of Proposed Allocation and/or Notice of CCMC Date, PIC can review the same and advise as to when the Claimant’s Budget needs to be filed to avoid any sanctions being imposed.
Legal Costs Service Manager