Q&As

Can you issue a Part 8 claim protectively (ie issued and returned for solicitor service) in much the same way as protectively issuing a Part 7 claim form?

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Published on LexisPSL on 05/02/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can you issue a Part 8 claim protectively (ie issued and returned for solicitor service) in much the same way as protectively issuing a Part 7 claim form?

Can you issue a Part 8 claim protectively (ie issued and returned for solicitor service) in much the same way as protectively issuing a Part 7 claim form?

When seeking to bring a claim, it is important to ensure that it is brought within the time frames provided for under the Limitation Act 1980. A failure to do so could enable a defendant to have a complete defence against the claim. It is, therefore, important to know when the limitation period will start and expire, which will vary depending on the nature of the claim being brought. For more information on limitation periods, see Practice Note: Limitation Act 1980—general application.

Where a limitation period is near to expiry, it is open to the parties to either suspend or extend the limitation period. In this regard, we refer you to the following Precedents (both with comprehensive Drafting Notes):

  1. Agreement to suspend limitation—standstill agreement

  2. Agreement to extend limitation—standstill agreement

See also Practice Note: Standstill

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