Don’t get caught out by a miscalculation of time

The case of Corfield v Howard [2024] EWHC 2727 (Comm) is a timely reminder to check the timeline for filing documents at Court.

HH Judge Davis-White KC was hearing an application that related to the validity of a Consent Order.  The Court had made an Order, by consent dated 26 June 2024, which ordered skeleton arguments to be filed by 10am one clear day before the hearing.

The hearing was listed for Monday 30 September 2024, this meant that skeleton arguments were due to be filed and served by 10am on the preceding Thursday, 26 September 2024.  With Friday, being the one clear day.

Neither party filed and served a skeleton argument by the due date and Court staff incurred time identifying the breach and writing chasing letters to the parties’ representatives.

Mr Kitson, for the Claimant, filed his skeleton argument by email sent/received at 21:39 on 26 September 2024.

The following day, Mr O’Sullivan, for the Defendant, sent an email at 15:41 apologising that their skeleton argument was not ready and said that this was due to the “timing of his instructions”.  Their skeleton was sent by email on Sunday night, 29 September at 23:33.

At the hearing, Mr O’Sullivan explained he was engaged in another case at the time he received instructions.  The parties were reminded that instructing solicitors should liaise in good time to ensure that the required skeleton arguments can be prepared by Counsel by the required time.

HH Judge Davis-White KC reiterated that the skeleton arguments were ordered by the court to be produced by a certain time, “this was not simply guidance or a request”.

Late service of documents generally result in the Court imposing sanctions, “one possibility in like cases is that the Court will have to adjourn a hearing at the cost of the party in default, though happily such an extreme measure was not necessary in this case”.

Whilst the parties, were not penalised for the late service of the skeleton arguments, this summary highlights the need for compliance with court orders to ensure the efficient running of the courts.

It is therefore a good reminder to set out the interpretation of the rules in CPR Part 2.8.

• This rule shows how to calculate any period for doing any act which is specified –
• By these rules
• By a practice direction
• By a judgment or order of the Court
• A period of time expressed as a number of days shall be computed as clear days
• In this rule ‘clear days’ means that in computing the number of days –
• The day on which the period begins; and
• If the end of period is defined by reference to an event, the day on which that event occurs are not included

It is important to note that weekends, Bank Holidays, Christmas Day and Good Friday are not included, where the specified period is 5 days or less.

When calculating service dates it is essential that you include ‘clear days’ to ensure compliance with the rules.  By way of example, if the Court orders a costs budget to be filed 21 days before the Costs Case Management Hearing listed for 29 November. The costs budget should be filed by 6 November, allowing 21 ‘clear days’ before the Hearing.

If you have any queries relating to the above or regarding this summary, please don’t hesitate to contact Emma Robson here or a member of the Paramount Legal Costs Litigation team.