The claimants were said to have chosen to understate their claim in order to reduce court fees, but lodged the claim within the limitation period. After that period expired, the amended the claim and paid the extra fees. The defendant said this was an abuse of process and that the claim had not accordingly been issued in time.
Held: The rules required that the claim be lodged with the appropriate fee. That had not occurred here and the claimants were guilty of abuse of process. The claim was out of time.
Judges:
John Male QC sitting as a deputy High Court judge
Citations:
[2015] EWHC 3503 (Ch), [2015] WLR(D) 551, [2016] 4 WLR 6, [2016] 1 Costs LO 49
Links:
Jurisdiction:
England and Wales
Limitation, Litigation Practice
Updated: 04 October 2022; Ref: scu.558299