Standstill Agreements Case Law

If the defendant becomes aware of an error, the court may deny him the opportunity to benefit from his unscrupulous conduct. This is the case when the defendant`s lawyer or insurer deliberately encourages the plaintiff to mistakenly believe that he or she has reached an impasse with the right defendant (see The Stolt Loyalty). The Tribunal had to consider when the causes of appeal at issue had arisen and whether the standstill agreements had led to the suspension or extension of the limitation period. The parties to the dispute may opt for the conclusion of a standstill agreement if they are approaching the expiry of the limitation period, but the claimant is not yet prepared to assert its rights (for example, because the parties are in negotiations which, if successful, would prevent a claim from having to be made). “In any case, the judge noted that status quo agreements should not be common and that the practice should in fact `cease immediately`. He said that if the parties wished to agree on a moratorium for negotiation purposes, they would nevertheless have to bring the lawsuit in good time and ask the Court to stay the proceedings and that it was not up to the parties to give time, which was in fact the court`s responsibility. “The courts have often asked applicants to initiate proceedings in these circumstances and then to request a stay of compliance with the protocol. A suspension is intended to suspend time, but, unlike a standstill agreement, it requires a court order. The Technology and Construction Court (TCC) Guide recommends this course. As Coulson J commented in Russell v Stone, this is a much safer option than the confusion resulting from the self-inflicted complication of stop agreements that don`t work. When contesting a will, the Inheritance Commission Act 1975 sets a very strict and tight deadline for the issuance of the claim, which is 6 months from the date of delivery of the representation (see 4).

Often, the parties do not have sufficient time to compile the evidence necessary for the preparation of the case and complete the preparatory work to try to reach an agreement without appeal in court, including the consideration of alternative dispute resolution options. It is possible to apply to the court for permission to grant emergency periods and standstill agreements may also come into play. In Exsus Travel Ltd v Baker Tilly, counsel for the applicant misinterpreted the operation of the standstill period. The Tribunal rejected the argument that a violation of the law is due to the convention – there is no evidence that the defendant`s lawyer shared the wrong assumption or was aware of the error. The case has now been decided by the Court of Appeal, which has allowed the commencement of proceedings in good time and has made the following observations on support for duly formulated standstill agreements: – The comments were made on an obsolete basis, but raised concerns among the parties who had concluded such agreements in other claims. The complainants welcome the comments of the judges of the Court of Appeal. The court order is often subject to significant legal costs and, once the proceedings have been rendered, they are subject to the schedule of the Court of Justice and, in the absence of a suspension agreement, they must be served within the time limits provided for in the Code of Civil Procedure. . . .