Page & Anor v Hewetts Solicitors & Anor [2012] EWCA Civ 805 (15 June 2012)

Page & Anor v Hewetts Solicitors & Anor [2012] EWCA Civ 805 (15 June 2012)

If the claimants establish that the claim form was delivered in due time to the court office, accompanied by a request to issue and the appropriate fee, the action is not statute barred, regardless of subsequent court administrative failures. The lower courts erred in applying the balance of probabilities test at the summary judgment stage and in holding that the same physical claim form must be issued as was delivered.

Citation
[2012] EWCA Civ 805
Parties
Appellant/claimant: Anthony John Page; Appellant/claimant: Terence Albert Page; Respondent/defendant: Hewetts Solicitors; Respondent/defendant: Christopher Robert Fuller
Jurisdiction
England and Wales
Judgment Date
15 June 2012
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (chancery Division) to Court of Appeal
Outcome
Appeal allowed in part; summary judgment set aside except for claims relating to sale at undervalue, which are struck out as statute barred.
Legal Topics
Limitation Periods, Summary Judgment, Solicitor's Duties, Fiduciary Duties, Breach of Trust, Account of Profits, Court Procedure for Issuing Claims
Civil Procedure Limitation Law Professional Negligence Equity and Trusts Limitation Periods Summary Judgment Solicitor's Duties Fiduciary Duties +3 more

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Parties

Anthony John Page

Appellant/claimant

Terence Albert Page

Appellant/claimant

Hewetts Solicitors

Respondent/defendant

Christopher Robert Fuller

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment (chancery Division) to Court of Appeal

Legal Issues

  1. 1 When is an action 'brought' for limitation purposes under the Limitation Act 1980?
  2. 2 Does delivery of a claim form to the court office within the limitation period suffice if the court fails to issue it in time?
  3. 3 Are claims for breach of fiduciary duty and negligence statute barred in this case?

Ratio Decidendi

If the claimants establish that the claim form was delivered in due time to the court office, accompanied by a request to issue and the appropriate fee, the action is not statute barred, regardless of subsequent court administrative failures. The lower courts erred in applying the balance of probabilities test at the summary judgment stage and in holding that the same physical claim form must be issued as was delivered.

Court Disposition

Appeal allowed in part; summary judgment set aside except for claims relating to sale at undervalue, which are struck out as statute barred.

Orders

  • Strike out claims for breach of duty relating to sale at undervalue as statute barred.
  • Remit remaining claims (including secret profit/account of profits) for trial.