Id. to 2 (by adding). The text highlighted at the end will be important because counsel for the complainants executed the toll agreement on August 9, 2013, but did not pass on the complainant`s name (and therefore the toll) until February 3, 2014, more than two years after the applicant`s proceedings. Id. at 2. A toll agreement is being bought at a time when the parties rightly believe that there might be a basis for a right. However, if your lawyer thinks there is no reason to act, it would not be appropriate to propose a toll agreement to extend the filing time. The conclusion of a toll agreement will not allow the parties to argue over the appropriate “end date” of certain claims and rights. You also do not risk an adverse decision by the court. Instead, the parties can focus on the benefits (or lack thereof) of possible legal action and work toward a possible solution. [The agreement] provides for the statute of limitations for a period of three months from the date [the defendant] is named after a plaintiff. If necessary, this period may be extended with the agreement of the parties.
In cases where co-accused could benefit from a toll agreement, the absence of such an agreement may lead to the submission of counter-claims that are not very productive. It is important to remember that toll agreements do not prohibit the filing of counter-claims at a later date. On the contrary, it merely delays the decision on the counterclaim, while the parties assess the situation on the basis of the evidence that the applicant may have. That`s a good reason to put it away as a reference. The particular facts may not be repeated and we do not agree on whether the toll agreements are a good idea. Sometimes they are and sometimes they are not. However, if you design and execute one, be careful and clear. There are many reasons why we could benefit from a toll agreement. As a general rule, toll agreements are used to give parties additional time to assess the validity and legitimacy of claims and damages, without having to file an appeal within the required time frame. Other common reasons are that a toll agreement contains several facts about when the action can be filed. In addition to the agreement to suspend the statute of limitations and the rest period, a toll agreement includes a “deadline”. The parties agree to waive the statute of limitations and limitation period in accordance with the agreement and that there will be no recourse after a specified date or condition.