Valery Siniakovich v Nivin Hassan Hassan-Soudey & Ors

Valery Siniakovich v Nivin Hassan Hassan-Soudey & Ors

Failure to pay the correct court fee at the time of delivering the claim form does not prevent an action from being 'brought' for limitation purposes; the action is brought when the claim form is received by the court office, irrespective of fee payment, and the court had no jurisdiction to grant relief to backdate issue or deem the claim brought on an earlier date.

Parties
Claimant/respondent: Valery Siniakovich; Defendant/appellant: Nivin Hassan Hassan-Soudey (aka Sarah Hamilton); Defendant/appellant: Glass Door Homeless Charity; Defendant/appellant: Matthew Falk
Jurisdiction
England and Wales
Judgment Date
03 April 2026
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court Order
Outcome
Appeals allowed; paragraphs 4 and 5 of the High Court Order set aside.
Legal Topics
Limitation Periods, Court Fees, Issue of Claim Form, Relief From Sanctions, Jurisdiction, Procedural Fairness
Defamation Civil Procedure Limitation Limitation Periods Court Fees Issue of Claim Form Relief From Sanctions Jurisdiction +1 more

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Parties

Valery Siniakovich

Claimant/respondent

Nivin Hassan Hassan-Soudey (aka Sarah Hamilton)

Defendant/appellant

Glass Door Homeless Charity

Defendant/appellant

Matthew Falk

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether failure to pay correct court fee means an action is not 'brought' for limitation purposes when claim form is received by court office
  2. 2 Whether High Court had jurisdiction to grant relief to treat claim as issued on earlier date
  3. 3 Procedural fairness regarding notification of hearing to First Defendant

Ratio Decidendi

Failure to pay the correct court fee at the time of delivering the claim form does not prevent an action from being 'brought' for limitation purposes; the action is brought when the claim form is received by the court office, irrespective of fee payment, and the court had no jurisdiction to grant relief to backdate issue or deem the claim brought on an earlier date.

Court Disposition

Appeals allowed; paragraphs 4 and 5 of the High Court Order set aside.

Orders

  • Paragraph 4 of the Order set aside as made without jurisdiction.
  • Paragraph 5 of the Order set aside.