When is the deadline for service of the interim order on the third party?
The catalogue records a 21 days period from Date fixed for the hearing. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- Date fixed for the hearing
- 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.
- The court may extend or shorten time under CPR 3.1(2)(a), and in practice the usual response to late service is an adjournment of the final hearing rather than dismissal. But note the substantive consequence in CPR 72.4(4): 'An interim third party debt order becomes binding on a third party when it is served on him.' Until service the bank is not restrained, so late service is not merely procedural, it risks the money being paid away.
- CPR 2.8(2) clear days; the hearing day is excluded. This is the more urgent of the two service steps because of the CPR 72.4(4) binding point, so serve the third party immediately rather than working back from the 21 days.