Cowan V Foreman Standstill Agreement

Standstill agreements are generally seen as a useful tool to give the parties the time and space to verify the merits of the claim, without forcing the claimant to rush and initiate proceedings. Any practitioner who advises a complainant to enter into a standstill agreement should respect Lady Justice King`s comments regarding the procedure to be followed. However, the recent decision of Cowan v Foreman & Others [2019] EWHC 349 (Fam) had raised serious doubts about the use of status quo agreements in such claims. This ran counter to the decision of Chief Master Marsh in Bhusate v Patel & Others [2019] EWHC 470 (Ch) in which he stated that the applicant was « effectively powerless » to act a little earlier if her stepchildren do not have an agreement or engagement. One application was approved despite a delay of more than 25 years and 9 months.