All Seasons Letting Limited & Anor v Rohit Pandya & Anor
The application was validly made when the application notice was received by the court with a fee, even if it was the wrong fee. The Unless Order was complied with, and the appeal fails.
- 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 / Judgment on Appeal Against Orders Restoring Claim After Unless Order
- Outcome
- Appeal dismissed
- Legal Topics
- Court Fees, Applications Under CPR Part 23, Unless Orders, Relief From Sanctions
Case Brief
Summary, issues, holding and outcome
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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 / Judgment on Appeal Against Orders Restoring Claim After Unless Order
Legal Issues
- 1 Whether an application is 'made' for the purposes of an unless order if the wrong fee is tendered
- 2 Whether payment of the correct fee is a condition precedent to making an application under CPR Part 23.5
Ratio Decidendi
The application was validly made when the application notice was received by the court with a fee, even if it was the wrong fee. The Unless Order was complied with, and the appeal fails.
Court Disposition
Appeal dismissed
Orders
- Appeal against both orders refused
Full Case Text
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