Niamh Tenison contributes to an Estates Gazette legal Q&A on limitation periods and incorrect court fees
min readErrors in paying court fees do not necessarily mean that proceedings were brought outside the applicable limitation period. Two recent UK Court of Appeal decisions establish that, for limitation purposes, an action is brought when the claim form is delivered to the court office, even if the incorrect fee is paid or no fee is paid at all.
The decisions provide important clarification for claimants facing an application to strike out proceedings because of a fee-related error. Where a claim form was delivered before the limitation period expired, the claimant may be able to demonstrate that the action was brought in time, despite the court office rejecting the filing or the payment shortfall being corrected later.
Niamh Tenison, Associate in our Real Estate Disputes team, contributes to a legal Q&A in Estates Gazette. Read the full article here (subscription required).
