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Rule 2.8 TimeI1C1C2C3C4C5C6C7C8C9C10C11

England and Wales

(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 F1listed to be heard on Friday 20 October.

  • The last date for service is Monday 16 October.

(ii)

The court is to fix a date for a hearing.

  • The hearing must be at least 28 days after the date of notice.

  • If the court gives notice of the date of the hearing on 1 October, the earliest date for the hearing is 30 October.

(iii)

Particulars of claim must be served within 14 days of service of the claim form.

  • The claim form is served on 2 October.

  • The last day for service of the particulars of claim is 16 October.

(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.

Example

  • Notice of an application must be served at least 3 days before the hearing.

  • An application is to be heard on Monday 20 October.

  • The last date for service is Tuesday 14 October.

(5)

F2F3When the period specified—

(a)

by these Rules or a practice direction; or

(b)

by any judgment or court order,

for doing any act at the court office ends on a day on which the office is closed, that act shall be in time F4under these rules if done on the next day on which the court office is open.

Annotations

Textual amendments

F1

Word in rule 2.8(3)(b)(i) inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 3(8)(a)

F2

Words in rule 2.8(5) substituted (1.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(5), 3(b)

F3

Word in rule 2.8(5) substituted (1.10.2025) by The Civil Procedure (Amendment No. 2) Rules 2025 (S.I. 2025/893), rules 1(2)(b), 3

F4

Words in rule 2.8(5) inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 3(8)(b)

Modifications

C1

Rule 2.8 applied (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 9.8(1)

C2

Rule 2.8 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 121(1)

C3

Rule 2.8 applied (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 324(1) (with rule 5)

C4

Rule 2.8 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 199(1) (with rules 3, 210)

C5

Rule 2.8 applied in part (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 5 para. 1 (with rule 3(3), Sch. 2)

C6

Rule 2.8 applied in part (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 7.1(1) (with rule 1.2)

C7

Rule 2.8 applied in part (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 7.1(1) (with rule 1.2)

C8

Rule 2.8 applied in part (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 193(1) (with rules 4(1), 193(2))

C9

Rule 2.8 applied (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 285(1)

C10

Rule 2.8 applied in part (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 181(1) (with rule 2)

C11

Rule 2.8 applied in part (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 181(1) (with rule 2(1))

Commencement

I1

Rule 2.8 in force at 26.4.1999, see Signature

Notes on Part 2

Textual amendments

F1

Words in Pt. 2 Table of Contents substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 3(1)(a)

F2

Words in Pt. 2 Table of Contents omitted (1.10.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 3(1)(b)