Shaikh & Anor v Mohammad [2025] EWCC 72 (28 November 2025)

Shaikh & Anor v Mohammad [2025] EWCC 72 (28 November 2025)

The omission of the correct court fee meant no valid claim was brought before the statutory deadline; CPR 3.10 cannot cure this defect, and the court has no jurisdiction to entertain the proceedings.

Source-derived case information.

Citation
[2025] EWCC 72
Parties
Claimant: Mr Hasan Shaikh; Claimant: Ms Asha Hoque; Defendant: Ms Chabila Mohammad
Jurisdiction
England and Wales
Judgment Date
28 November 2025
Procedural Posture
Summary Judgment And/or Strike Out Application / Final Determination at First Instance
Outcome
Claim struck out; summary judgment granted for Defendant
Legal Topics
Statutory Time Limits, Summary Judgment, Strike Out, Court Fees, Commencement of Proceedings
Landlord and Tenant Civil Procedure Statutory Time Limits Summary Judgment Strike Out Court Fees Commencement of Proceedings

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Parties

Mr Hasan Shaikh

Claimant

Ms Asha Hoque

Claimant

Ms Chabila Mohammad

Defendant

Procedural Posture

Summary Judgment And/or Strike Out Application / Final Determination at First Instance

Legal Issues

  1. 1 Whether proceedings were validly brought within the statutory period under section 29A of the Landlord and Tenant Act 1954
  2. 2 Whether the Civil Procedure Rules grant the court power to cure the defect of non-payment of court fee

Ratio Decidendi

The omission of the correct court fee meant no valid claim was brought before the statutory deadline; CPR 3.10 cannot cure this defect, and the court has no jurisdiction to entertain the proceedings.

Court Disposition

Claim struck out; summary judgment granted for Defendant

Orders

  • Claimants' statement of case struck out as abuse of process under CPR 3.4
  • Defendant's application for summary judgment and/or strike out granted