AGREEING EXTENSIONS OF TIME: ADVICE FROM M’ LEARNED FRIEND: “DON’T PANIC” AND BE TOTALLY CLEAR IN WHAT YOU ARE AGREEING

In his post yesterday Agreeing An Extension to the Limitation Period Nigel Poole QC dealt with some of the issues arising from the judgment in  Cowan v Foreman and ors [2019] EWHC 349 (Fam) where Mostyn J suggested it was not possible for the parties to agree an extension of time in an action under the Inheritance (Provision for Family and Dependants) Act 1975. It would be prudent for personal injury and clinical negligence lawyers to read it.

THE POST

Nigel points out that the court’s discretion under Section 33 of the Limitation Act 1980 is very different to the test in I(PFD)A 1975.   He then reviews the cases on limitation and advises that there is no need to panic, the important thing is that any agreement to extend time is clear and unambiguous.   There is a useful link to guidance from NHS Resolution on the drafting of an agreement to extend time.