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

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

Despite the claimant's solicitor's abuse of process in misstating the value of the claim to pay a lower fee, the claim was 'brought' for limitation purposes when the claim form and the fee (as calculated from the statement of value) were received by the court, because the abuse did not cause any delay in issuing the claim form. The relationship between the claimant and the court ceased to be transactional at that point, and the limitation period was stopped. The appeal is dismissed.

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

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Parties

Atha & Co Solicitors

Appellant/defendant

Zoe Liddle

Respondent/claimant

Procedural Posture

Appeal (professional Negligence) / High Court Appeal From County Court Decision Refusing Strike Out/summary Judgment

Legal Issues

  1. 1 Whether the claim was 'brought' for limitation purposes when the claim form was received by the court or when it was issued, in circumstances where the issue fee was paid based on a misstatement of value and alleged abuse of process by the claimant's solicitor.

Ratio Decidendi

Despite the claimant's solicitor's abuse of process in misstating the value of the claim to pay a lower fee, the claim was 'brought' for limitation purposes when the claim form and the fee (as calculated from the statement of value) were received by the court, because the abuse did not cause any delay in issuing the claim form. The relationship between the claimant and the court ceased to be transactional at that point, and the limitation period was stopped. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Atha & Co Solicitors is dismissed.
  • The claim is not struck out and may proceed.