LACHES, DOCTRINE OF –
Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a
right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what
should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage
to another.
Laches is similar to 'statute of limitations' except is equitable rather than statutory and is a common affirmative defense
raised in civil actions.
Laches is derived from the French 'lecher' and is nearly synonymous with negligence.
In general, when a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance
will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. In
courts of equity delay will also generally be prejudicial.
But laches may be excused from ignorance of the party's rights; from the obscurity of the transaction; by the pendency of a
suit, and; where the party labors under a legal disability, as insanity, infancy and the like.
• Before the enactment of the statutory time limitations for filing liens, “Laches” was a very much-used defense by
defense attorneys. Laches is s a legal concept in equity as to fairness, as for its applicability a party wishing to apply the
defense of laches has to meet certain qualifications, they have to have “Clean Hands, meaning they have to had been
dealing in fairness to apply this legal doctrine. In addition, they have to show that other than the passage of time that they
have been prejudice in the other party not asserting a legal right in a timely manner
Laches, defendant claims that lien was filed after the case settled. Defense had knowledge of medical bill, failed to show
prejudice. Defense liable for full payment of medical bills absence proof of excessive billing. (Truck Insurance v. WCAB 62
CCC 240; Town of Hillsborough v. WCAB, 61 CCC 528)
.
Laches, defense is claiming the equitable defense of laches, but has “unclean hands” for knowingly taking a discount of
the medical bill they were not entitled to. (Jeffery Bouska v. Hazelrigg Management Services AHM 65624 (WCAB Order on
Reconsideration)
• This was an interesting case in which initially the Judge found laches was an applicable defense, however when I
filed a petition for reconsideration the Judge reversed his own decision finding that the defense did not deal with the
medical provider fairly and that the defense did not show they where prejudiced by us asserting our legal rights after the
case in chief was resolved.
END
Based on the maxim that equity aids the vigilant and not those who procrastinate regarding their rights; Neglect to assert a
right or claim that, together with lapse of time and other circumstances, prejudices an adverse party. Neglecting to do what
should or could, have been done to assert a claim or right for an unreasonable and unjustified time causing disadvantage
to another.
Laches is similar to 'statute of limitations' except is equitable rather than statutory and is a common affirmative defense
raised in civil actions.
Laches is derived from the French 'lecher' and is nearly synonymous with negligence.
In general, when a party has been guilty of laches in enforcing his right by great delay and lapse of time, this circumstance
will at common law prejudice and sometimes operate in bar of a remedy which is discretionary for the court to afford. In
courts of equity delay will also generally be prejudicial.
But laches may be excused from ignorance of the party's rights; from the obscurity of the transaction; by the pendency of a
suit, and; where the party labors under a legal disability, as insanity, infancy and the like.
• Before the enactment of the statutory time limitations for filing liens, “Laches” was a very much-used defense by
defense attorneys. Laches is s a legal concept in equity as to fairness, as for its applicability a party wishing to apply the
defense of laches has to meet certain qualifications, they have to have “Clean Hands, meaning they have to had been
dealing in fairness to apply this legal doctrine. In addition, they have to show that other than the passage of time that they
have been prejudice in the other party not asserting a legal right in a timely manner
Laches, defendant claims that lien was filed after the case settled. Defense had knowledge of medical bill, failed to show
prejudice. Defense liable for full payment of medical bills absence proof of excessive billing. (Truck Insurance v. WCAB 62
CCC 240; Town of Hillsborough v. WCAB, 61 CCC 528)
.
Laches, defense is claiming the equitable defense of laches, but has “unclean hands” for knowingly taking a discount of
the medical bill they were not entitled to. (Jeffery Bouska v. Hazelrigg Management Services AHM 65624 (WCAB Order on
Reconsideration)
• This was an interesting case in which initially the Judge found laches was an applicable defense, however when I
filed a petition for reconsideration the Judge reversed his own decision finding that the defense did not deal with the
medical provider fairly and that the defense did not show they where prejudiced by us asserting our legal rights after the
case in chief was resolved.
END
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