When is the deadline for commence detailed assessment proceedings after discontinuance under part 38?
The catalogue records a 3 months period from Date of service of notice of discontinuance under CPR r.38.3, or date of dismissal of an application to set the notice aside under CPR r.38.4. This draft page remains free only until its source, worked example and limits are reviewed.
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 3 months
- Trigger
- Date of service of notice of discontinuance under CPR r.38.3, or date of dismissal of an application to set the notice aside under CPR r.38.4
- 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.
- Agreement under r.2.11; court extension under r.3.1(2)(a); PD 47 paras 6.1 and 6.2. No permission required to commence out of time.
- Two alternative anchors. Where a set-aside application under r.38.4 has been made and dismissed, the later anchor applies. A deemed costs order arises on discontinuance under r.44.9(1)(c).