When is the deadline for issue of third party claim?
The catalogue records a 10 days period from Delivery by the defendant of a statement of defence. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 10 days
- Trigger
- Delivery by the defendant of a statement of defence
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- r 29.02(1.1) allows issue within 10 days after the plaintiff delivers a reply; r 29.02(1.2) allows issue at any time with the plaintiff's consent or with leave, which the court shall grant unless the plaintiff would be prejudiced; r 3.02(1) general extension power.
- The r 29.02(1.2) leave provision is unusually generous - the court 'shall grant' leave absent prejudice - so a missed 10-day period is rarely fatal.