PART 2APPLICATION AND INTERPRETATION OF THE RULES

TimeI1C1C2C3C4C5C6C72.8

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,

are not included.

Examples

i

Notice of an application must be served at least 3 days before the hearing.

  • An application is to be heard on Friday 20 October.

  • The last date for service is Monday 16 October.

ii

The court is to fix a date for a hearing.

  • The hearing must be at least 28 days after the date of notice.

  • If the court gives notice of the date of the hearing on 1 October, the earliest date for the hearing is 30 October.

iii

Particulars of claim must be served within 14 days of service of the claim form.

  • The claim form is served on 2 October.

  • The last day for service of the particulars of claim is 16 October.

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.

Example

  • Notice of an application must be served at least 3 days before the hearing.

  • An application is to be heard on Monday 20 October.

  • The last date for service is Tuesday 14 October.

5

F1Subject to the provisions of Practice Direction 5C, when the period specified—

a

by these Rules or a practice direction; or

b

by any judgment or court order,

for doing any act at the court office ends on a day on which the office is closed, that act shall be in time if done on the next day on which the court office is open.