The Civil Procedure Rules governs the rules and procedures for dealing with civil matters. They are accessible online (at the moment) at https://www.justice.gov.uk/courts/procedure-rules/civil/rules.
Some of the rules and practice directions are complex and in fact some of our solicitors clients are asking us for advice on them.
The purpose of this series is to highlight some of the little known but common rules and hopefully explain them in plain English.
The first rule we will focus on is rule 2.28 – Time.
The rule says:
(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.
(4) Where the specified period – (a) is 5 days or less; and (b) includes – (i) a Saturday or Sunday; or (ii) a Bank Holiday, Christmas Day or Good Friday, that day does not count.
What does this mean?
Complying with Deadlines is important. Miss a deadline and there could be serious consequences.
Examples include (a) not being allowed to rely on an important document; (b) not being allowed to rely on a witness’s evidence; (c) your case being struck out; (d) costs penalties.
You would think that calculating the number of days is easy but really it is not.
– If a deadline is 3 days before a hearing and the hearing is on Friday, some people would think the deadline is Tuesday. WRONG. It is Monday.
– If a deadline is 3 days before a hearing and the hearing is on Monday, some people would think the deadline is Friday. WRONG. It is the Tuesday before.
– If a deadline is 14 days before a hearing and the hearing is on Friday 16th, some people would think the deadline is the Friday 2nd. WRONG, It is the Thursday 1st.
Any questions or support with the above please email us at: [email protected] or phone 0151 230 8931.