Home Farm Land Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2566 (Admin) (10 October 2023)

Home Farm Land Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2566 (Admin) (10 October 2023)

The claim form was not filed in time because depositing it in the drop box after the last collection did not constitute filing at the court office; it was only filed when received and processed by the Administrative Court Office the next day, outside the statutory period. Service was also not effected in time, and the claimant did not take all reasonable steps or act promptly to remedy the defect. The court therefore had no jurisdiction to determine the claim.

Citation
[2023] EWHC 2566 (Admin)
Parties
Claimant: Home Farm Land Limited; First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Bracknell Forest Borough Council
Jurisdiction
England and Wales
Judgment Date
10 October 2023
Procedural Posture
Planning Statutory Review Under S.288 Town and Country Planning Act 1990 / Permission to Apply for Statutory Review; Application to Set Aside Claim for Lack of Jurisdiction
Outcome
Claim dismissed for want of jurisdiction; claim form set aside; permission to apply for statutory review refused; applications for extension of time and relief from sanctions refused; costs awarded to defendant.
Legal Topics
Statutory Time Limits, Filing and Service of Claim Forms, Jurisdiction, Relief From Sanctions, Extension of Time
Administrative Law Planning Law Civil Procedure Statutory Time Limits Filing and Service of Claim Forms Jurisdiction Relief From Sanctions Extension of Time

Case Brief

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Parties

Home Farm Land Limited

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Bracknell Forest Borough Council

Second Defendant

Procedural Posture

Planning Statutory Review Under S.288 Town and Country Planning Act 1990 / Permission to Apply for Statutory Review; Application to Set Aside Claim for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the claim form was filed in time under s.288(4B) TCPA 1990
  2. 2 Whether the claim form was validly served within the statutory period
  3. 3 Whether the court has jurisdiction to determine the claim

Ratio Decidendi

The claim form was not filed in time because depositing it in the drop box after the last collection did not constitute filing at the court office; it was only filed when received and processed by the Administrative Court Office the next day, outside the statutory period. Service was also not effected in time, and the claimant did not take all reasonable steps or act promptly to remedy the defect. The court therefore had no jurisdiction to determine the claim.

Court Disposition

Claim dismissed for want of jurisdiction; claim form set aside; permission to apply for statutory review refused; applications for extension of time and relief from sanctions refused; costs awarded to defendant.

Orders

  • Order under CPR Part 11 declaring no jurisdiction and setting aside claim form
  • Permission to apply for planning statutory review refused