Can the Limitation Act Really Be Suspended? - Tim Hirst, Parklane Plowden Chambers
03/07/14. “Standstill agreements” have become quite common, perhaps as a result of the effectiveness of the pre-action protocols. The version I have seen simply comprises an agreement that, “time will be suspended”. Others refer to a “Time Stop” agreement. I assume that it was intended that the defendant would not raise any limitation defence relying on time running during the period of the agreement. Surely this is a nonsense? No-one can prevent time passing.
Even more significantly, however, it is not open to parties to negate law laid down by statute without persuading parliament to do so. It surely cannot be possible for parties to agree away statutory provisions which lay down simple and uncompromising rules such as that laid down by Section 2 Limitation Act 1980 which reads:-
“An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued”...
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