Tim Hirst considers the potential pitfalls of trying to prevent a limitation defence ‘If an agreement not to plead the statute is not adhered to by the defendant, that gives a claimant a second cause of action; that is to say to sue for the breach of that agreement.’ Perhaps as a result of the …
Continue reading "Standstill Agreements: Can the Limitation Act really be suspended?"
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Wills & Trusts Law Reports | December 2011 #115The claimant was the brother of the deceased. She died intestate on 22 January 1997. The claimant became her personal representative pursuant to a grant of letters of administration made on 2 August 2000. The claimant was entitled to one third of the deceased’s estate there being two other stirpital branches of the family. One such branch was represented by the claimant’s brother. The claimant’s niece who was entitled to one sixth of the deceased’s estate intimated a claim that she was entitled to the deceased’s home. She did this in October 1998. The claimant, while being advised by sol...
