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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I require a Barrister to confirm the following position ,

Resolved Question:

I require a Barrister to confirm the following position , when a case is sent to Court and they have duly recited the paperwork and payment, but not not proccessed the case for a hearing date is there a statue of limitation (time) on the case .
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
The DAY the Court receives the paperwork limitation stops.
Even if they process it 2 weeks later, it is the date it is RECEIVED by the Court that stops the clock.
The issue form will have 2 dates on it: Date receivied and date issued. It is the date received that counts.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Do you have any additional questions?
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I need to have the reply you supplied in writing, or a legal reference book that contains this data, can you assist, it is very important as it clarifys a legal position completly for me.

Expert:  Ash replied 1 year ago.
The Limitation Act 1980 provides that various types of claim “shall not be brought” after the
expiration of the specified time limits. For the purposes of the Act a claim is “brought” when
a claimant’s request for the issue of a claim form is delivered to the correct court office during
its opening hours.
Accordingly, if the court staff fail to issue the claim promptly upon receipt
of the claim form this will not result in the claim being time barred despite the fact that under
the Civil Procedure Rules proceedings are not “started” until the Court issues the claim form
Does that clarify?
Alex
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