Where a dispute resolution or group dispute resolution procedure ends in a case not covered by the listed items, what keeps the interruption of the limitation period in effect?
General information · Not legal advice
Material to check
We check the application for dispute resolution or group dispute resolution as filed, since interruption depends on its being made under the provisions named, and the record showing how the procedure ended. The date of termination matters, because the period in the provision runs from that day.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the main text and the proviso together: an application for dispute resolution, or a referral or application for group dispute resolution under the provisions named, has the effect of interrupting limitation; but where the procedure ends in a situation other than one of the listed items, no suit brought within the period the provision sets from the day the procedure ended leaves that interruption without effect.
Another reading reads the two items as covering acceptance of the content or being treated as acceptance, and non-acceptance by one or both parties, while the provision lists no other situations and does not say what endings fall outside them; and it adds that limitation interrupted by the main text runs anew only from the time one of those items applies.
Your judgment
How can the file show whether the termination fell within one of the listed items or outside them?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or remove an item in the proviso, or if a court decision explains what endings fall outside the listed items.