Judge calls halt on parties 'stopping the clock' on delays

[charitynjw]

https://www.lawgazette.co.uk/law/jud...069484.article

A widow has been refused permission to claim against the estate of her late husband after filing her application nearly 17 months out of time.

Mr Justice Mostyn, sitting in the High Court family division in Cowan v Foreman & Ors, made clear the court would look unfavourably on such a late application in the absence of highly exceptional factors.

In this case there were no such factors and, said the judge, in the modern era of civil litigation the limit of excusable delay ‘should be measured in weeks, or at most a few months’.

[Amethyst]

"‘If the parties want to agree a moratorium for the purposes of negotiations, then the claim should be issued in time and then the court invited to stay the proceedings while the negotiations are pursued,’ said the judge. ‘Otherwise it is, as I remarked in argument, simply to cock a snook at the clear Parliamentary intention.’ "


Lovely turn of phrase there.

[charitynjw]

"‘If the parties want to agree a moratorium for the purposes of negotiations, then the claim should be issued in time and then the court invited to stay the proceedings while the negotiations are pursued,’ said the judge. ‘Otherwise it is, as I remarked in argument, simply to cock a snook at the clear Parliamentary intention.’ "


Lovely turn of phrase there.

'Course.......after all, .they are 'learned'!

[lgfa92]

There has just been a case where permission was granted after 25 years & 9 months - https://www.lawgazette.co.uk/law/mas...069569.article