Penfold v Fuller

The party liable to pay fees 2.2 and 2.3 is the party making the substantive claim presently proceeding before the court, which in this case is Mr Fuller.

Parties: Claimant: Louisa Penfold; Defendant: Tommy Fuller
Jurisdiction: England and Wales
Judgment Date: 18 May 2009
Procedural Posture: Civil / Ruling on Liability for Payment of Court Fees
Outcome: Mr Fuller is liable to pay fees 2.2 and 2.3 under the Fees Order.
Legal Topics: Court Fees, Specific Performance, Interpretation of Procedural Rules

Civil Procedure Court Fees Specific Performance Interpretation of Procedural Rules

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Parties

Louisa Penfold

Claimant

Tommy Fuller

Defendant

Procedural Posture

Civil / Ruling on Liability for Payment of Court Fees

Legal Issues

1 Who is liable to pay court fees 2.2 and 2.3 under the Civil Proceedings Fees Order 2008 in the current phase of litigation?
2 Does the term 'claimant' in the Fees Order refer to the original claimant or the party making the current claim?

Ratio Decidendi

The party liable to pay fees 2.2 and 2.3 is the party making the substantive claim presently proceeding before the court, which in this case is Mr Fuller.

Court Disposition

Mr Fuller is liable to pay fees 2.2 and 2.3 under the Fees Order.

Orders

Mr Fuller is to pay the court fees 2.2 and 2.3.