Home / Insights / Limitation periods and status quo agreements: how can they affect your rights? A standstill agreement may maintain the applicant`s position of limitation by suspending or extending the time limit. Where the standstill agreement results in a suspension of the time limit, the applicant shall, on expiry of the standstill period, have the same period for asserting his claim as at the time of the agreement. If the standstill agreement merely extends the time limit, the applicant must bring an action after the expiry of the standstill period. “I have been told that agreeing to a stop agreement of this type is a common practice If it is a common practice, I suggest that it is a practice that should cease immediately. It is not up to the party to give time that belongs to the court. As Coulson J put it in Russell vs. Stone, “status quo agreements have become much more frequent than ever” and yet, as this case showed, they are often far from negotiating and documenting simple agreements. This practice note addresses some issues related to the use of status quo agreements and contains links to precedents. claims for breach of a contract performed as an instrument must be invoked within 12 years, while claims of an unlawful act must be invoked within six years of the plea invoked; In case of negligence, this is usually the case when physical damage occurs. The case is now before the Court of Appeal, which has authorised the opening of the proceedings in good time and has made the following observations concerning support for duly drawn up standstill agreements:- The case arises from an application under the Inheritance (Commission for Family and Dependants) Act 1975 (hereinafter the Succession Act) for an application under that Act.
Section 4 provides that, on expiry of the applicable statutory limitation period, the corresponding application may be made only with the agreement of the Court of First Instance. The parties entered into a standstill agreement and the claim was ultimately made without the Tribunal`s consent after the statutory limitation period had expired. if the limitation period is extended, the limitation period generally expires on the date of expiry of the extension period. This will usually be a date after the end of the initial limitation period, but this type of agreement can also be used complications for limitation purposes, for example when the chain of project agreements involves a mixture of documents and contracts and therefore the limitation periods are different. What is the practical use of a status quo agreement? In addition to the obvious fact that it stops the restriction or extends the restriction, it allows the parties to comply with any relevant pre-action protocol. For example, the pre-action protocol for occupational diseases (in paragraph 11) provides that, while standstill agreements may continue to be considered as a last resort, they are an appropriate option in certain circumstances. Nevertheless, the case warns of the risks associated with these agreements and highlights the importance of carefully considered legal elaboration. It is therefore essential to have specialist legal advice to ensure that standstill agreements are concluded appropriately and that the conditions are effectively formulated. It is not possible for the court to extend the limitation period in advance. In addition, outside the areas of personal injury and defamation, there is no discretion to extend the limitation. .