Time and tide wait for no judge

Lots of things are better if you wait for them.

I’m really looking forward to taking my 16 year old son on holiday this summer to celebrate the end of his exams, and I have no doubt that a part of my excitement is that this will be my first trip away in over two years.

Even simple pleasures, like going out for dinner after a long day, or taking my stilettos off after a long walk home can be far more rewarding because I’ve had to wait for them.

Some things, on the other hand, do not improve with waiting.

Like waiting for your team to score the last minute winning goal.  You’re taking a risk that your team’s strategy will backfire on them if their goal disallowed.

Or aiming for the last train only to find that it’s been cancelled and you’re stuck until the morning.

In many types of court cases, you have 6 years from the events in question within which to bring your case but that does not mean that waiting for the last minute for tactical reasons will automatically work in your favour.  You may think that the longer you wait, the harder it will be for the other side to defend the case because they won’t remember the details, or important witnesses can no longer be located or important documents may have been lost.  However, if you wait until the last minute a Judge still has the power to penalise you for waiting longer than you needed even if you are within the legal time frame.  At the very least you may be asked to explain why you waited so long, and if you don’t have a good reason, a court could assume it’s tactical, which could undermine your credibility.

So if you are considering issuing proceedings, and your solicitor is pushing you to make a decision, even though the time limit is a way off yet, it’s not because they are gung ho.  It could be because they know how easily things can go wrong.  They know how easy it can be to miss deadlines or fall foul of the court.

As the saying goes, the best laid plans of mice and men often go awry.  And if you’re wondering why a rodent might be considering court action, you’ve clearly never heard how litigious Disney can be.  They don’t say “Don’t mess with the Mouse” for nothing!

Kleyman & Co Solicitors.  The full service law firm.  Because timing can be everything.