Dixon & Anor v Radley House Partnership (A Firm) & Ors

Dixon & Anor v Radley House Partnership (A Firm) & Ors

In the absence of abusive conduct, the failure to pay the correct court fee on issue does not prevent proceedings from being 'brought' for the purposes of the Limitation Act 1980; the amendments to plead limitation based on fee payment have no real prospects of success and permission to amend is refused.

Source-derived case information.

Parties
Claimant: Dr James Charles Dixon; Claimant: Dr Jenni Julie Dixon; Defendant: Radley House Partnership; Defendant: Mr Christopher Reading t/a Chris Reading & Associates; Defendant: Chris Reading & Associates
Jurisdiction
England and Wales
Judgment Date
17 October 2016
Procedural Posture
Civil / Ruling on Application to Amend Defence to Plead Limitation
Outcome
Applications to amend defences to plead limitation based on court fee payment refused.
Legal Topics
Limitation of Actions, Court Fees, Amendment of Pleadings, Abuse of Process
Civil Procedure Contract Law Tort Law Limitation of Actions Court Fees Amendment of Pleadings Abuse of Process

Source-derived case record

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Parties

Dr James Charles Dixon

Claimant

Dr Jenni Julie Dixon

Claimant

Radley House Partnership

Defendant

Mr Christopher Reading t/a Chris Reading & Associates

Defendant

Chris Reading & Associates

Defendant

Procedural Posture

Civil / Ruling on Application to Amend Defence to Plead Limitation

Legal Issues

  1. 1 Whether failure to pay the correct court fee on issue prevents proceedings from being 'brought' for limitation purposes
  2. 2 Whether amendments to plead limitation based on court fee payment have real prospects of success

Ratio Decidendi

In the absence of abusive conduct, the failure to pay the correct court fee on issue does not prevent proceedings from being 'brought' for the purposes of the Limitation Act 1980; the amendments to plead limitation based on fee payment have no real prospects of success and permission to amend is refused.

Court Disposition

Applications to amend defences to plead limitation based on court fee payment refused.

Orders

  • Permission to amend defences is denied.