FIFTH BIRTHDAY REVIEW 9: COURT FEES, FEE REMISSION AND LIMITATION STANDSTILL AGREEMENTS

This is the penultimate post looking back at key series of the past five years. I am  here revisiting two aspects of the law relating to court fees. Firstly the series on mitigating the effect of the (ridiculous) increase in court fees, with some associated posts, particularly on fee remission. Secondly “limitation standstill agreements” – a way of bypassing the need to issue and incur the fee.

 

MITIGATING THE IMPACT OF COURT FEES

USEFUL LINKS ABOUT FEE REMISSION

OTHER POSTS ABOUT COURT FEES

1. Five more important posts for those issuing in haste.

2. Four important points for those hastily issuing proceedings this week

3. More on the adverse impact of court fee increase

4. Yet more on court fees: SMEs and the second wave of proposed increases.

5. Court fees: important developments: implementation date the 9th March.

6. Petition about increase in court fees

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LIMITATION STANDSTILL AGREEMENTS

There is some useful guidance to be found online.

GET IT IN WRITING AND MAKE THE TERMS ABSOLUTELY CLEAR

It is wise to turn to one of the precedents.

  • Any agreement must be in writing.
  • It should clearly describe the parties and the dispute.
  • The date of the termination of the agreement must be clear and set out with precision. (For instance a “further six months” can be construed as six months from the date of the agreement or six months from the date of the expiry of the limitation period).

PROBLEM AREAS

There may be problems in agreeing extensions of time in relation to accidents relating to air travel and similar issues. After two years the right of action is extinguished.  Great caution is needed.