Butters and Another v Hayes: CA 25 Feb 2021

‘Does the non-payment of a court fee mean that time continues to run for limitation purposes in respect of a new claim within existing proceedings? In my view it does not. If a new claim which is not otherwise abusive is made by amendment within the limitation period, it will not later become time-barred because a requisite court fee had not been paid.’

Judges:

Lord Justice Peter Jackson

Citations:

[2021] EWCA Civ 252

Links:

Bailii

Statutes:

Limitation Act 1980 35

Jurisdiction:

England and Wales

Limitation

Updated: 03 September 2022; Ref: scu.658875