THE COMPUTATION OF TIME UNDER THE CIVIL PROCEDURE RULES AND THE BANK HOLIDAY ON MONDAY

The Government announced that Monday the 19th September 2022 will be a national bank holiday.  It is important to remember that this could have some consequences where a court order requires something to be done in 5 days or less. (I would hope that, in practice, no-one would take this as a point and attempting to rely it would have widespread professional and judicial opprobrium , but it is something that needs to be noted).

COMPUTATION OF TIME AND BANK HOLIDAYS

CPR 2.8 states:

(4) Where the specified period –

(a) is 5 days or less; and

(b) includes –

(i) a Saturday or Sunday; or

(ii) a Bank Holiday, Christmas Day or Good Friday,

that day does not count.

 

So if you have been ordered to do something by three days before a hearing next Thursday the last date for compliance may well be today (not very helpful I know).  Monday will not count in the computation of time.

The rules give an example.

Time
2.8

(1) This rule shows how to calculate any period of time for doing any act which is specified –

(a) by these Rules;

(b) by a practice direction; or

(c) by a judgment or order of the court.

(2) A period of time expressed as a number of days shall be computed as clear days.

(3) In this rule ‘clear days’ means that in computing the number of days –

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs

are not included.

Examples

(i) Notice of an application must be served at least 3 days before the hearing.

An application is to be heard on Friday 20 October.

The last date for service is Monday 16 October.