The case is now pending before the Court of Appeal, which gave leave to initiate proceedings late, and made the following comments in favour of the adoption of formal status quo agreements: « I agree with Asplin LJ that, while the final decision is still before the Tribunal, where there is a duly proven agreement against which the executors and beneficiaries have not raised any objection, it is unlikely that a judge would make a formal application for an extension. As a result, the status quo agreements were used to suspend the statute of limitations and the applicants had asserted their rights in a timely manner. While status quo agreements are commonplace in dispute resolution, they are not without complexity. The fact that counsel based the third status quo agreement on a proposal based on the principle of time suspension based on the applicants` position (despite serial differences from the original). A status quo agreement can be granted to the applicant`s position with respect to the restriction, either by suspending the time limit or by extending it. Where the status quo agreement has the effect of suspending the period, the applicant has the same time to assert his rights as at the date of the agreement at the end of the status quo period. If the status quo agreement only extends the period, the applicant must initiate proceedings at the end of the status quo period. A status quo agreement can only be reached on the day the contract is concluded, so it is important for potential applicants to review their rights as soon as possible and, if necessary, to seek legal advice on the date of limitation and the measures available to protect their position. One of these steps is to seek a status quo agreement and recent submissions by the Court of Appeal will encourage trial parties as they approach the expiry of their limitation period. Some commentators have argued that there may well be « a storm in a cup of tea, » and they were right; the decision was overturned on appeal in July (Cowan/Foreman, 2019 EWCA Civ 1336). Although an extension of the statute of limitations is, to the extent granted, at the discretion of the Tribunal, the parties are free to accept, as always, a deadlock and the courts will likely be in compliance with the agreement. Rights resulting from construction projects often require a review of the statute of limitations.
« Lexology is one of the few news feeds I watch when it enters – the information is up to date; has good descriptive titles so I can quickly see what the articles are referring to and are not too long. If the expiry of the period is suspended – the un expired portion of the limitation period on the date of the agreement is generally resumed after the expiry of the home/Insights suspension period/ Prescription periods and status quo agreements: how can they affect your rights? This scenario shows that rapid action may be necessary for the parties to meet their requirements. In these cases, the restriction may be addressed by parties entering into a status quo agreement or by an applicant who initiates a « safeguard procedure ».