Atha & Co Solicitors v Liddle [2018] EWHC 1751 (QB) (09 July 2018)

Atha & Co Solicitors v Liddle [2018] EWHC 1751 (QB) (09 July 2018)

The claim was brought for limitation purposes when the claim form was received by the court, despite the claimant's solicitor's abuse of process in misstating the claim value and paying the corresponding fee. Since the abuse did not cause delay in issuing the claim form, the limitation period was not breached. The appeal is dismissed.

Citation
[2018] EWHC 1751 (QB)
Parties
Appellant/defendant: Atha & Co Solicitors; Respondent/claimant: Zoe Liddle
Jurisdiction
England and Wales
Judgment Date
09 July 2018
Procedural Posture
Appeal From County Court (professional Negligence) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Limitation Period, Abuse of Process, Court Fees, Commencement of Proceedings, Professional Negligence
Civil Procedure Professional Negligence Limitation Limitation Period Abuse of Process Court Fees Commencement of Proceedings

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Parties

Atha & Co Solicitors

Appellant/defendant

Zoe Liddle

Respondent/claimant

Procedural Posture

Appeal From County Court (professional Negligence) / Appeal Judgment

Legal Issues

  1. 1 Whether the claim was brought within the limitation period under the Limitation Act 1980
  2. 2 Whether deliberate misstatement of claim value and payment of incorrect court fee amounts to abuse of process affecting limitation
  3. 3 Whether the claim was statute barred due to fee/payment issues

Ratio Decidendi

The claim was brought for limitation purposes when the claim form was received by the court, despite the claimant's solicitor's abuse of process in misstating the claim value and paying the corresponding fee. Since the abuse did not cause delay in issuing the claim form, the limitation period was not breached. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Claim not struck out
  • Claim deemed brought within limitation period