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Response to Part payment and the other party - Mark Amos

from M Amos (idgroms@hotmail.com)
Chris,

That's interesting. Your comment regarding the barrister reminded me of an article I read a long time ago, which I really should have recalled earlier, particularly as it deals with joint liability. One does, however, tend to recall things pertinent to oneself. Anyway, the article in question is by another barrister 'Jeremy Callman' in which he backs up the info given to me by the solicitor mentioned previously. Mr Callman backs up his argument by quoting the Limitation Act 1980, in particular ss 31.6 and 31.7, see below:

(6) An acknowledgement of any debt or other liquidated pecuniary claim shall bind the acknowledgor and his successors but not any other person.

(7) A payment made in respect of any debt or other liquidated pecuniary claim shall bind all persons liable in respect of the debt or claim.

Mr Callman also quotes s 29.7 of the same Act. (You can find the Limitation Act 1980 on 'http://www.lawcom.gov.uk/library/lccp151/cp151apa.pdf'

It does seem quite clear to me. You can find the article on 'http://www.home-repo.org/documents/limitations.doc' I would be interested to hear what legal argument the barrister you mention has to support what he has told you.

Mark.

(posted 7763 days ago)

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