When the festive-recess exclusion applies — and when it does not
The 16 December to 15 January recess is excluded only for specific steps under specific rules. Do not apply it by default.
The Deadline Calculator offers an optional festive-recess exclusion for the period 16 December to 15 January. It is powerful and narrow — apply it only when the rule you are working under says so.
Where it applies
The exclusion reflects the proviso to Uniform Rules 19 and 26 and Magistrates' Courts Rule 13. Those provisos exclude the recess period from the running of time for certain steps — in particular notices of intention to defend and the delivery of pleadings.
Where it does not apply
- It is not a general holiday for every deadline. Most time limits keep running through the recess.
- It applies to the specific steps covered by those provisos — not to any and every court-day count.
- The option only appears for the court-days method, because that is where it is relevant.
Only tick the recess exclusion when the rule governing your step provides for it. If you are unsure whether the proviso applies, leave it off and check the rule.
Still stuck?
Our team responds within one business day.