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A Tolling Agreement pauses the time limit for starting a legal claim in Irish courts, giving both sides more breathing room to resolve their dispute without rushing to file a lawsuit. It's commonly used when the statute of limitations is approaching but parties want to negotiate or gather more evidence first.

Under Irish law, these agreements help prevent unnecessary litigation while protecting everyone's legal rights. They're particularly useful in complex commercial disputes, construction claims, and professional negligence cases where the standard six-year limitation period might not give enough time to properly investigate and negotiate a solution.

Consider a Tolling Agreement when you're approaching the legal deadline to file a claim in Irish courts but need more time to work things out. This is especially valuable in complex construction disputes, professional negligence cases, or commercial conflicts where gathering evidence and expert opinions takes time.

The agreement becomes crucial when both parties see potential for an out-of-court settlement but can't wrap up negotiations before the statute of limitations expires. It's particularly useful in multi-party disputes, insurance claims, or when dealing with ongoing investigations that might reveal additional claims or defenses.

• Basic Time Extension: The simplest form of Tolling Agreement, extending the statute of limitations for a set period with clear start and end dates
• Conditional Tolling: Links the time extension to specific events or milestones, like completing an investigation or receiving expert reports
• Limited-Scope Agreement: Restricts the extension to specific claims or issues while preserving time limits on others
• Rolling Tolling: Automatically extends the agreement period unless either party gives notice to terminate
• Mediation-Linked Agreement: Ties the tolling period to ongoing alternative dispute resolution efforts

• Potential Claimants: Individuals or companies who believe they have a legal claim but need more time to investigate or negotiate before filing suit
• Defendants: Parties facing possible litigation who prefer to explore settlement options without court pressure
• Legal Counsel: Solicitors and barristers who draft and negotiate the terms of Tolling Agreements for their clients
• Insurance Companies: Often involved when claims involve professional indemnity or liability coverage
• Expert Witnesses: Technical specialists who need time to complete investigations or reports that will inform potential litigation

• Identify Claims: List all potential legal claims and their current limitation deadlines under Irish law
• Party Details: Gather full legal names, addresses, and authority of all involved parties
• Time Period: Determine the specific extension period needed for investigation or negotiation
• Scope Definition: Clearly outline which claims and rights the Tolling Agreement covers
• Documentation: Collect relevant evidence, correspondence, and supporting materials
• Custom Generation: Use our platform to create a legally sound agreement that includes all required elements

• Identification Section: Full legal names and addresses of all parties involved in the agreement
• Claim Description: Clear outline of the specific claims or disputes being tolled
• Time Period: Precise start and end dates of the tolling period
• Preserved Rights: Statement confirming all legal rights and defenses remain intact
• Irish Law Clause: Explicit statement that Irish law governs the agreement
• Termination Terms: Conditions and process for ending the agreement early
• Signatures: Execution blocks for all parties with dates and witness provisions

A Tolling Agreement differs significantly from an Arbitration Agreement in both purpose and effect under Irish law. While both aim to manage dispute resolution, they serve distinct functions in the legal process.

• Timing Control: Tolling Agreements pause the statute of limitations to allow time for investigation and negotiation, while Arbitration Agreements commit parties to resolve disputes through arbitration instead of court
• Legal Process: Tolling preserves the right to future court action, whereas arbitration typically waives that right in favor of private dispute resolution
• Cost Implications: Tolling arrangements typically involve minimal immediate costs, while arbitration requires payment for arbitrators and facilities
• Flexibility: Tolling allows parties to maintain all legal options while negotiating, but arbitration commits them to a specific dispute resolution path