Page & Anor v Hewetts Solicitors & Anor

Page & Anor v Hewetts Solicitors & Anor

The claim was not brought within the limitation period because the claimants failed to prove delivery of the claim form and appropriate fee to the court before the expiry of the six-year period. The documents sent in December 2008 were not shown to have been received, and the documents received in February 2009 were accompanied by an insufficient fee, meaning the claim was not properly brought in time.

Parties
Claimant: Anthony John Page; Claimant: Terence Albert Page; Defendant: Hewetts Solicitors; Defendant: Christopher Robert Fuller
Jurisdiction
England and Wales
Judgment Date
20 September 2013
Procedural Posture
Civil / Judgment on Preliminary Issue
Outcome
Claim not brought within limitation period; reserved question on section 21 Limitation Act 1980 to Court of Appeal.
Legal Topics
Limitation of Actions, Secret Profits, Court Fees, Breach of Trust
Civil Procedure Equity Trusts Limitation of Actions Secret Profits Court Fees Breach of Trust

Case Brief

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Parties

Anthony John Page

Claimant

Terence Albert Page

Claimant

Hewetts Solicitors

Defendant

Christopher Robert Fuller

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the claim was brought within the limitation period under the Limitation Act 1980
  2. 2 Whether the claim form and fee were delivered to the court in time
  3. 3 Whether the appropriate court fee was paid with the claim form

Ratio Decidendi

The claim was not brought within the limitation period because the claimants failed to prove delivery of the claim form and appropriate fee to the court before the expiry of the six-year period. The documents sent in December 2008 were not shown to have been received, and the documents received in February 2009 were accompanied by an insufficient fee, meaning the claim was not properly brought in time.

Court Disposition

Claim not brought within limitation period; reserved question on section 21 Limitation Act 1980 to Court of Appeal.

Orders

  • Matter to be remitted to Court of Appeal for determination of section 21 Limitation Act 1980.
  • Directions to be given for exchange of Skeleton Arguments and determination of costs.