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April 2014 - 1st Edition

A home from home O Are you close to the limit? I t’s always worthwhile to remind clients of the basics when it comes to bringing a claim in the courts and limitation dates are one of the fundamental considerations. The limitation issues of a case are crucial points to consider to prevent the possibility of a claim being time-barred. The law sets out deadlines for bringing claims (referred to as limitation periods) so that a claim cannot be brought too long after the cause of action arose. The law on limitation periods is set out in the Limitation Act 1980 which provides different deadlines for different causes of action. For example: • A claim founded on simple contract (a contract not contained in a deed) has a limitation period of six years from the date of accrual (or 12 years for a contract in a deed). • A claim in tort (a civil wrong) has a limitation period is also six years from accrual (the period is cut to three years for personal injury cases and one year for defamation cases). There are, however, certain situations where the time limit may be postponed until the Claimant discovers or could have discovered the relevant facts. Issuing proceedings stops time running for limitation purposes, therefore it is important to obtain legal advice on this point as soon as possible. Standstill Agreements If a limitation deadline is fast approaching, it may be worthwhile for the parties to enter into a Standstill Agreement. A Standstill Agreement

Please contact Luke Patel on 0113 227 9316 or by email at

allows parties, by agreement, to suspend time for the purposes of limitation. It is important that a Standstill Agreement is clearly drafted and serves its proper intention otherwise the claim may nevertheless be time-barred. The risk of issuing prematurely In order to protect a Claimant’s position to prevent the claim from being time-barred, proceedings may be issued to prevent limitation from expiring. However, if the Claimant is then unable to formulate the claim properly, there is a risk that the claim could be struck out as an abuse of process. Save the date! When embarking on court proceedings, whilst it is important and encouraged to consider mediation and other methods of Alternative Dispute Resolution, it is crucial that clients do not allow negotiations as to possible settlement of the case to deter them from issuing proceedings in time. Little has changed in the laws governing limitation dates in recent years, although Lord Justice Jackson’s final report following his review of civil litigation costs included recommendations that have led to the preparation of new draft Pre-Action Protocols. However, it is not clear when these new and revised Protocols will be implemented. Watch this space! If you require advice in relation to a limitation date or a claim then please contract Luke Patel on 0113 227 9316 or email him at

ne man’s passion for property developing has blossomed into a five-star, luxury resort, in the picturesque city of Mirpur. Sabar Din has always dreamt of opening an accommodation complex in the heart of one of Azad Kashmir’s most popular cities and now, following the official opening of The Ritzz Inn last month, the entrepreneur’s dream has finally come true. Described as a ‘home from home’, the seven guest houses on site are the perfect place for families, businessmen, and tourists to relax whilst visiting Mirpur. Every property has two double and one single bedroom, a television lounge room, kitchen and of course a spacious balcony. With temperatures often exceeding 40 degrees in the South Asian city, tenants can opt to relax on their own private terrace or take advantage of the breezy air conditioning and escape the heat indoors. Power shortages, which affect many parts of the country, won’t disrupt Ritzz Inn residents, with every room benefiting from backup onsite generators which guarantees electricity continues to run through the homes. Wi-Fi is available in every room, free of charge, Meanwhile, privacy and safety is at the forefront of

Elegant guest rooms in the heart of Mirpur City

the Ritzz Inn’s mantra. Secure driveways and parking facilities with metal gates, CCTV and security guards are all found on the premises to assure guests that valuables can be left in a safe environment. Speaking following the official opening of the complex in October, Mr Sabar Din said: “We welcome everybody to come and visit our fantastic facilities which will cater for your every need. “It really is like your own home, except with the added benefit of onsite chefs, receptionists and cleaners who will take care of the tasks you perhaps don’t want to. “We are found in a perfect location for families and friends who are visiting for weddings and special

Web: Email: PAK: Contact Number: +92 342 496 2833 UK : Contact Number: 07977 231 026

occasions, as our spacious apartments have the ability to cater for large gatherings. We also allow for visitors to stop by meaning our customers don’t have to travel anywhere to meet up with their families, friends or business affiliates.” The seven apartments are a mere five minute walk from the Mirpur’s main city centre area, whilst tourist hotspot, Mangla, is just eight miles away. All prices are at a competitive rate, with further discounts available for extended stays, and book now to save an extra 10% in celebration of the complex’s grand opening. With unbeatable prices and facilities for all, why not book with the Ritzz Inn today for a trip you will never forget.

Asian Express National - April Edition 2014  
Asian Express National - April Edition 2014