All Seasons Lettings Ltd & Anor v Pandya & Anor [2026] EWCC 19 (23 April 2026)

All Seasons Lettings Ltd & Anor v Pandya & Anor [2026] EWCC 19 (23 April 2026)

The application to restore the claim was 'made' in time for the purposes of the unless order because the application notice was received by the court within the deadline and a fee was tendered, even though it was the wrong fee. Payment of the correct fee is not a condition precedent to making an application under CPR Part 23.5; the requirement to pay the correct fee is a matter between the court and the applicant, not the opposing party.

Citation
[2026] EWCC 19
Parties
Appellant/defendant: All Seasons Lettings Limited; Appellant/defendant: NTM Limited; Respondent/claimant: Rohit Pandya; Respondent/claimant: Tarlaben Pandya
Jurisdiction
England and Wales
Judgment Date
23 April 2026
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Court Fees, Restoration of Claim, Unless Order, Application Timing, Relief From Sanctions
Civil Procedure Court Fees Restoration of Claim Unless Order Application Timing Relief From Sanctions

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Parties

All Seasons Lettings Limited

Appellant/defendant

NTM Limited

Appellant/defendant

Rohit Pandya

Respondent/claimant

Tarlaben Pandya

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether an application is 'made' for the purposes of an unless order if the incorrect court fee is tendered but the application notice is received by the court within the deadline.
  2. 2 Whether payment of the correct fee is a condition precedent to making an application under CPR Part 23.5.

Ratio Decidendi

The application to restore the claim was 'made' in time for the purposes of the unless order because the application notice was received by the court within the deadline and a fee was tendered, even though it was the wrong fee. Payment of the correct fee is not a condition precedent to making an application under CPR Part 23.5; the requirement to pay the correct fee is a matter between the court and the applicant, not the opposing party.

Court Disposition

Appeal dismissed

Orders

  • Appeal against both the 2024 and 2025 Orders is refused.