Home Farm Land Limited v Secretary of State for Levelling Up, Housing and Communities & Anor

Home Farm Land Limited v Secretary of State for Levelling Up, Housing and Communities & Anor

The claim form was not filed within the statutory time limit because depositing it in the drop box did not constitute filing at the court office under CPR 2.3(1), and it was not received by the Administrative Court Office until after the deadline. The claim form was not validly served in time, as service of an unsealed claim form is not valid and the sealed claim form was not served until after the expiry of the time limit. The court has no jurisdiction to determine the claim, and no extension of time or relief from sanctions is warranted.

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
11 October 2024
Procedural Posture
Planning Statutory Review / Judgment on Jurisdiction and Time Limits
Outcome
Claim dismissed for lack of jurisdiction due to late filing and service.
Legal Topics
Statutory Time Limits, Filing and Service Requirements, Extension of Time, Relief From Sanctions, Jurisdiction
Administrative Law Planning Law Civil Procedure Statutory Time Limits Filing and Service Requirements Extension of Time Relief From Sanctions Jurisdiction

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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 / Judgment on Jurisdiction and Time Limits

Legal Issues

  1. 1 Whether the claim form was filed within the statutory time limit under s.288 TCPA 1990
  2. 2 Whether the claim form was validly served within the statutory time limit
  3. 3 Whether the court has jurisdiction to determine the claim

Ratio Decidendi

The claim form was not filed within the statutory time limit because depositing it in the drop box did not constitute filing at the court office under CPR 2.3(1), and it was not received by the Administrative Court Office until after the deadline. The claim form was not validly served in time, as service of an unsealed claim form is not valid and the sealed claim form was not served until after the expiry of the time limit. The court has no jurisdiction to determine the claim, and no extension of time or relief from sanctions is warranted.

Court Disposition

Claim dismissed for lack of jurisdiction due to late filing and service.

Orders

  • Declaration that the court has no jurisdiction to determine the claim.
  • Claim form set aside.