Re: HALIFAX 18 year claim
There is no duty on you as the Claimant to refer to the Limitation Act in any way. Even the court does not have a duty to refer to it if the Defendants should fail to raise the matter for any reason including oversight.
If the defendants want to rely upon the Limitation Act then it is they who must raise the issue and plead it when the time comes.
If you include details from Celestine's post in your PoC then I would think that is sufficient and I would not make any particular mention of older charges at LBA stage, merely that you are going to issue a claim for a specified sum is enough and in any case your schedule of charges will include the date of each charge, so they will know soon enough.
Only you know if there is other information that you need at this stage and, as you say above, there is nothing vital, so issue your claim without delay.
The claim can be from either of you or just one of you but if I were being particular, I would make it from "Mr and Mrs" as joint claimants.
There is no duty on you as the Claimant to refer to the Limitation Act in any way. Even the court does not have a duty to refer to it if the Defendants should fail to raise the matter for any reason including oversight.
If the defendants want to rely upon the Limitation Act then it is they who must raise the issue and plead it when the time comes.
If you include details from Celestine's post in your PoC then I would think that is sufficient and I would not make any particular mention of older charges at LBA stage, merely that you are going to issue a claim for a specified sum is enough and in any case your schedule of charges will include the date of each charge, so they will know soon enough.
Only you know if there is other information that you need at this stage and, as you say above, there is nothing vital, so issue your claim without delay.
The claim can be from either of you or just one of you but if I were being particular, I would make it from "Mr and Mrs" as joint claimants.
Comment