18/08/2008

They say patience is a virtue and sometimes the saying rings true, especially with regards to litigation.  This month we look at a few situations where it doesn’t hurt to ‘sit on the fence’, at least for a while!

We recently had a case where our client is being coerced by his previous solicitors, into paying a debt that is now 7 years old, even though the Statue of Limitations Act only entitles debts to be pursued within a period of 6 years, i.e.  there are 6 years within which to commence proceedings to recover a debt. 

These solicitors have applied to have an officer of the court do an “assessment of costs”, which, once determined independently in this manner, can then be enforced.  We are currently devising a strategy to challenge this route as it seems unfair that the Statute of Limitations should not apply in this case.

A second case has arisen where we are acting for 3 brothers who would like the 4th brother, lets call him Ben, to share ownership of a house left only to Ben.  Ben has agreed to sign a deed detailing this arrangement, but his solicitors seem to be taking a long time to draw up the agreement.  We are guessing that they are trying to stall our clients for 18 months, a date beyond which our clients lose their right to sue for a share of the Estate!

As can be seen, time waits for no man.  Make sure you know which time limitations apply to any action that you may wish to commence