Barry Roy Peterson & Anor v Howard de Walden Estates Limited

Barry Roy Peterson & Anor v Howard de Walden Estates Limited

A failure to pay the correct court fee required to issue a claim form is not an error of procedure within the meaning of CPR 3.10. The error was not a breach of the CPR but a failure to comply with a statutory requirement imposed by the Lord Chancellor. CPR 3.10 does not empower the court to remedy such an error or to retrospectively validate the claim form as issued in time. The recorder was correct to conclude he had no jurisdiction to grant relief.

Parties
Claimant/appellant: Barry Roy Peterson; Claimant/appellant: Andrew Charles Blake; Defendant/respondent: Howard De Walden Estates Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed
Legal Topics
Court Fees, Leasehold Reform, Statutory Deadlines, Error of Procedure, Jurisdiction, Relief From Sanctions
Civil Procedure Land Law Court Fees Leasehold Reform Statutory Deadlines Error of Procedure Jurisdiction Relief From Sanctions

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Parties

Barry Roy Peterson

Claimant/appellant

Andrew Charles Blake

Claimant/appellant

Howard De Walden Estates Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether failure to pay the correct court fee required to issue a claim form is an error of procedure within CPR 3.10
  2. 2 Whether the court has jurisdiction under CPR 3.10 to remedy such an error and retrospectively validate the claim form as issued in time

Ratio Decidendi

A failure to pay the correct court fee required to issue a claim form is not an error of procedure within the meaning of CPR 3.10. The error was not a breach of the CPR but a failure to comply with a statutory requirement imposed by the Lord Chancellor. CPR 3.10 does not empower the court to remedy such an error or to retrospectively validate the claim form as issued in time. The recorder was correct to conclude he had no jurisdiction to grant relief.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.