HOW TO CALCULATE TIME IN THE CIVIL PROCEDURE RULES
Periodically I write reminders of the importance of being able to calculate time periods correctly. Sometime a miscalculation can lead to fundamental problems.
AN EXAMPLE OF MISCALCULATION
In Evans v Pinsent Masons LLP  EWHC 2150 (QB) Mr Justice Martin Spencer overturned a decision granting relief from sanctions. A major issue arose out of confusion by the claimant’s solicitors over the calculation of the time period.
The claimant brought an action for the assessment of costs. For some of those costs to be assessed the claimant had to show “exceptional circumstances”. The costs judge found that there were not exceptional circumstances. The claimant appealed but permission to appeal was refused on the papers, with a provision that the claimant could apply for an oral hearing of the application for permission within seven days of service upon them. The claimant received notice on the 21st May 2019, the application was made on the 30th May. Nicol J then made a without notice order granting relief from sanction and extending the claimant’s time to request permission to appeal. The defendant applied to set aside that without notice order. The defendant was successful.
THE DEFENDANT POINTS THIS OUT
The application was made late, this was pointed out by the defendant.
The appellant’s application to renew her application for permission was made out of time and it is thus invalid. We have today spoken to the appellant’s solicitors seeking clarification, but did not receive an explanation of the appellant’s position”.
“The appellant’s letter mentions the Bank Holiday, but even if this day is added, the application remains a day late. In any event, Rule 2.8(4) provides that the Bank Holiday is only excluded from the computation where the specified period is five days or less. As a result, the appellant’s application is two days late”.