Home

Practitioner Notes

Provisions about Time

Action

Time

Comment

To serve claim form

4 months from date of issue.

CPR 7.5 (6 months if the Claim Form had to be served out of the Jurisdiction).

To apply to extend the time for serving a claim form.

Before the expiry of the period stipulated by Rule (see above) or by any court order extending that period.

CPR7.6 (it is possible to apply later but the court will have to be convinced that all possible steps have been taken to effect service and that the application was made promptly)

To serve Particulars of Claim (if not served with the Claim Form)

Within 14 days after the service of the claim form.

CPR 8.1

But if serving the claim form has taken up most of the time permitted above the period for serving Particulars may be less as they must themselves be served within the 4/6 month period – CPR 8.1(2)

To file acknowledgement of service of claim form without particulars of claim

No need to file acknowledgment

CPR 9.1

To file acknowledgement of service of claim form where particulars of claim were included in the claim form or were served with the claim form

Within 14 days of service of:

(a)     the service of the claim form, if the Particulars of Claim accompanied it; or, if the Particulars were served separately

(b)     the service of the Particulars of Claim

CPR 10.3

Note that if service is out of the jurisdiction a longer period will be permitted – CPR 6.20 - 6.22

To serve a defence

In a claim for infringement and/or invalidity of a patent or registered design – 42 days from date of service of claim form.

In all other cases:

If Particulars of Claim accompanied the Claim Form, 28 days after the date when the claim form was served (provided an acknowledgment of service was served in time).

If Particulars of Claim were served separately, 14 days from service of those Particulars.

CPR 69.9

Note the time is longer if service was out of the jurisdiction – CPR 6.20 – 6.22.

Note too that if the claimant opts to apply for Summary Judgment after acknowledgment of service has been filed but before defence has been filed then the time for serving the defence is extended until that application has been determined.

To serve a Reply to a Defence

In a patent or registered design case - within 21 days of the date of service of the Defence.

In all other cases – no specific provision.

CPR 63.6

CPR 15.8 provides that if a Reply is served it must be filed with the allocation questionnaire.  Where the allocation questionnaire route is not followed (i.e. in most IP cases) any date for service of the Reply will probably form part of the business to be dealt with at the CMC appointment

To serve a Notice of Application

At least 3 days before the court is to deal with the application.

CPR 23.7(1). But note the rule is “as soon as practicable after it is filed; and…in any event…at least 3..etc”.  So deliberately giving the other side the minimum time is not (supposed to be) an option.  Note too that you can serve nearer the date and apply at the hearing for leave to serve short.

To serve evidence in support of an Application.

At least 3 days before the court is to deal with the application.

CPR 23.7(3) – which provides that the Notice of Application (see above) is to be accompanied by any written evidence the applicant intends to rely on.

To serve a Notice of Application for summary judgment under Part 24

14 clear days before the scheduled hearing date.

Chancery Guide para 6.27 – “The return date … should be a Monday at least 14 clear days after the application notice has been served”

To serve evidence in support of a Notice of Application under Part 24

14 clear days before the scheduled hearing date.

Part 24 is silent on the point but 23.7(3) and PD to Part 23 at paragraph 9.1 provide that it should be served at the same time as the Notice of Application.

To serve evidence in defence of a Notice of Application under Part 24

At least 7 days before the scheduled hearing date.

CPR 24.5

To serve evidence in reply on a Notice of Application under Part 24

At least 3 days before the scheduled hearing.

Note that under CPR 2.8(4) weekends and bank holidays are not counted where the number of days provided is 5 days or less (which means that for a hearing on a Monday the last date for service is the previous Tuesday).

To notify the court of a short oral application in the 2.15 – 2.45 time slot.

By 4.30 pm on the previous day.

Chancery Guide 6.32

To lodge skeleton argument for a Judge’s appointment.

Judges applications – 10am on the previous day.

Urgent Judge applications without notice – with the papers which the Judge is to read.

Substantial matters and trials – not less than 2 clear days before the date of hearing.

Chancery Guide para 7.21

Note that the Patents Court Guide provides at para 14:

“In addition to the Reading Guide parties should lodge skeleton arguments in time for the Judge to read them before trial.  That should normally be at least two days before commencement of the trial, but in substantial cases a longer period (to be discussed with the clerk to the Judge concerned) may be needed.”

To serve and file an estimate of costs if summary assessment of costs is to be asked for at a hearing.

24 Hours before the hearing.

PD to Part 44 (Costs).  Section 7 para 13.5 and Chancery Guide Para 11.4

To pay costs ordered on summary assessment.

Normally 14 days.

Chancery Guide, Para 11.10 “A party must normally pay costs which are awarded against him or her and summarily assessed within 14 days of the assessment.  But the court can extend that time.”

To lodge bundle and skeleton for an application before a Master

Not less than 2 (and not more than 7) clear working days before the hearing.

Chancery Guide 7.43 and 7.47

Note – “not less than 2… clear working days” before a hearing, which means, for example, that for a hearing on a Tuesday, the papers must be lodged before the office closes on the previous Thursday.

To give notice to Master’s Appointments in room TM7.09 of a short oral application to a Master (in the 2.15 – 2.45 slot)

By 4.30 pm on the previous day

Chancery Guide 6.32

To complete and return Allocation Questionnaire (in those few IP-related cases where it may be used)

By the date specified in the Questionnaire (which will be not less than 14 days after date of deemed service)

CPR 26.3 (6)

To apply for a case management conference in an IP case.

Within 14 days of service of defence.

PD to CPR 63.7 para 4.3

Note that if there are several defendants it will be 14 days after the last defence is served.

To serve further information, list of documents, notice in respect of models or experiments.

No specific rule.

Matters such as these are now dealt with by an order made at the Case Management Conference.  But note that in the case of experiments the party seeking to rely on one must give the other side notice of the facts to be proved by experimentation not less than 21 days before any application for permission to carry out the experiment is served.  Para 9.1 of the Practice Direction to Part 63.