Peterson & Anor v Howard De Walden Estates Ltd [2023] EWHC 929 (KB) (28 April 2023)

A failure to pay the correct court fee required by the Court Fees Order 2008, which is a statutory precondition to the issue of a claim form, is not an 'error of procedure' within the meaning of CPR 3.10. The court has no jurisdiction under CPR 3.10 to retrospectively validate a claim form as issued in time where the statutory time limit has expired due to non-payment of the correct fee.

Citation: [2023] EWHC 929 (KB)
Parties: Claimant/appellant: Barry Roy Peterson; Claimant/appellant: Andrew Charles Blake; Defendant/respondent: Howard De Walden Estates Limited
Jurisdiction: England and Wales
Judgment Date: 28 April 2023
Procedural Posture: Appeal / Judgment on Appeal From Central London County Court Decision Refusing Application Under CPR 3.10
Outcome: Appeal dismissed
Legal Topics: Court Fees, Commencement of Proceedings, Leasehold Reform, Statutory Time Limits, Relief From Procedural Errors

Civil Procedure Landlord and Tenant Court Fees Commencement of Proceedings Leasehold Reform Statutory Time Limits Relief From Procedural Errors

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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 Decision Refusing Application Under CPR 3.10

Legal Issues

1 Whether failure to pay the correct court fee to issue a claim form is an 'error of procedure' within CPR 3.10
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

Court Disposition

Appeal dismissed