In this webinar barristers Francesca O’Neill and Henk Soede provide an introduction to strike out. They give an update on the law, and discuss how to succeed.
If theres two cases with different limiitation periods and an application is made to have them disposed of in the same claim at the same time, and yet one of the claims has ran out of time and the other one is still within the time limit allocated for that claim, what happens to the claim that ran out, does the claim with a longer time period cover the shorter period given for the other claim which has ran out, or would there just then be one claim ?
Are you making 2 Claims? Limitation for CPR Money Claims is 6 years the absolute maximum for Probate is 12: 11 years beyond the the traditional Executor's Year.
My issue I have is that, there is good and valid reason for bringing the claim forward even though the limitation period has ended with respect to that claim, however I'm not particularly sure on what to do first, whetheer to submit both claims with an N1 form to be disposes of in the same proceedings and included the request for order under the relevant CPR in a document attached to that form, or not submit the N1 form and instead request the that claims are stayed subject to the consideration of the validity of the limitation period. What I'm asking I believe is how do I present or ask the court to consider the reasons for excluding the limitation period, and getting that agreed so I can then proceed with the claims
