sec.42Time for starting proceeding

### sec.42 Time for starting proceeding A proceeding in a court based on the claim should be started— within 60 days after the conclusion of the compulsory conference; or within a further period— agreed by the parties within the 60-day period mentioned in paragraph (a) ; or fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . If the parties or the court dispenses with the compulsory conference, a proceeding in a court based on the claim should be started— within 60 days after the later of the following— if there is only 1 respondent to the claim, the day 6 months after the day on which the claimant gives the respondent a complying part 1 notice of claim, or if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14 (1) ; the date of the agreement or order dispensing with the conference; or within a further period— agreed by the parties within the 60-day period mentioned in paragraph (a) ; or fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . However, if the court dispenses with the obligation to make mandatory final offers, a proceeding in a court based on the claim should be started within a period fixed by the court when giving the dispensation or later. The expiry of the time within which the proceeding should be started under subsection (1) , (2) or (3) does not prevent the claimant from starting the proceeding but the court may— unless the claimant establishes a reasonable excuse for the delay, order the claimant to pay, in any event, a respondent’s costs arising out of the delay; and on a respondent’s application, make an order fixing a time limit within which the proceeding must be started. If the claimant fails to start the proceeding within a time limit fixed under subsection (4) (b) , the claim is barred. To remove any doubt, it is declared that subsection (5) has effect despite the Limitation of Actions Act 1974 . s 42 amd 2003 No. 16 s 98 (sec.42-ssec.1) A proceeding in a court based on the claim should be started— within 60 days after the conclusion of the compulsory conference; or within a further period— agreed by the parties within the 60-day period mentioned in paragraph (a) ; or fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . (sec.42-ssec.2) If the parties or the court dispenses with the compulsory conference, a proceeding in a court based on the claim should be started— within 60 days after the later of the following— if there is only 1 respondent to the claim, the day 6 months after the day on which the claimant gives the respondent a complying part 1 notice of claim, or if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14 (1) ; the date of the agreement or order dispensing with the conference; or within a further period— agreed by the parties within the 60-day period mentioned in paragraph (a) ; or fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . (sec.42-ssec.3) However, if the court dispenses with the obligation to make mandatory final offers, a proceeding in a court based on the claim should be started within a period fixed by the court when giving the dispensation or later. (sec.42-ssec.4) The expiry of the time within which the proceeding should be started under subsection (1) , (2) or (3) does not prevent the claimant from starting the proceeding but the court may— unless the claimant establishes a reasonable excuse for the delay, order the claimant to pay, in any event, a respondent’s costs arising out of the delay; and on a respondent’s application, make an order fixing a time limit within which the proceeding must be started. (sec.42-ssec.5) If the claimant fails to start the proceeding within a time limit fixed under subsection (4) (b) , the claim is barred. (sec.42-ssec.6) To remove any doubt, it is declared that subsection (5) has effect despite the Limitation of Actions Act 1974 . - (a) within 60 days after the conclusion of the compulsory conference; or - (b) within a further period— (i) agreed by the parties within the 60-day period mentioned in paragraph (a) ; or (ii) fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . - (i) agreed by the parties within the 60-day period mentioned in paragraph (a) ; or - (ii) fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . - (i) agreed by the parties within the 60-day period mentioned in paragraph (a) ; or - (ii) fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . - (a) within 60 days after the later of the following— (i) if there is only 1 respondent to the claim, the day 6 months after the day on which the claimant gives the respondent a complying part 1 notice of claim, or if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14 (1) ; (ii) the date of the agreement or order dispensing with the conference; or - (i) if there is only 1 respondent to the claim, the day 6 months after the day on which the claimant gives the respondent a complying part 1 notice of claim, or if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14 (1) ; - (ii) the date of the agreement or order dispensing with the conference; or - (b) within a further period— (i) agreed by the parties within the 60-day period mentioned in paragraph (a) ; or (ii) fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . - (i) agreed by the parties within the 60-day period mentioned in paragraph (a) ; or - (ii) fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . - (i) if there is only 1 respondent to the claim, the day 6 months after the day on which the claimant gives the respondent a complying part 1 notice of claim, or if there is more than 1 respondent to the claim, the day 6 months after the day the claimant last gave a respondent part 1 of a notice of a claim under section 14 (1) ; - (ii) the date of the agreement or order dispensing with the conference; or - (i) agreed by the parties within the 60-day period mentioned in paragraph (a) ; or - (ii) fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) . - (a) unless the claimant establishes a reasonable excuse for the delay, order the claimant to pay, in any event, a respondent’s costs arising out of the delay; and - (b) on a respondent’s application, make an order fixing a time limit within which the proceeding must be started.