Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you.
Have you filed any evidence in relation to their application?
well they can only enforce if they have a liability order.
As you say at the time in 1997 it could be statute barred. That means if would have expired in 2001
Laws are not retrospective so if it became statute barred it can not become un-statute barred.
You need to submit evidence to challenge the legal basis for their application. I think it is flawed based on what you have said.
But you need to put the court on notice you intend to raise these arguments.
Can I clarify anything for you about this today please?
Have they broken the law - no. But you could argue its an abuse of process.
Does that clarify?
its a matter for you, I would be only too pleased to call you.
It is an extra cost, do you know that?
It's an abuse of process. That is your legal argument. If you google search this subject, it is well discussed.
It's an abuse because they do not have a liability order or can't provide it. Without this it can't be enforced.
thanks. All the best.