Lewis & Ors v Ward Hadaway (a firm)

Lewis & Ors v Ward Hadaway (a firm)

The deliberate understatement of claim values and payment of lower court fees, with the intention to amend and pay the balance later, constituted an abuse of process. However, striking out all claims would be disproportionate and not justified in the circumstances. In the eleven cases where the appropriate fee was not paid within the limitation period, the claims were not 'brought' in time and are statute barred; summary judgment is granted in those cases.

Parties
Claimant: Richard Lewis and Others; Defendant: Ward Hadaway (A Firm)
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Civil (professional Negligence) / Ruling on Application to Strike Out and for Summary Judgment
Outcome
Application to strike out refused; summary judgment granted in eleven claims on limitation grounds
Legal Topics
Abuse of Process, Court Fees, Limitation of Actions, Summary Judgment, Striking Out
Civil Procedure Professional Negligence Abuse of Process Court Fees Limitation of Actions Summary Judgment Striking Out

Case Brief

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Parties

Richard Lewis and Others

Claimant

Ward Hadaway (A Firm)

Defendant

Procedural Posture

Civil (professional Negligence) / Ruling on Application to Strike Out and for Summary Judgment

Legal Issues

  1. 1 Whether the Claimants' conduct in understating claim values and paying lower court fees constituted an abuse of process
  2. 2 Whether the claims should be struck out for abuse of process
  3. 3 Whether summary judgment should be entered on limitation grounds due to non-payment of appropriate fees

Ratio Decidendi

The deliberate understatement of claim values and payment of lower court fees, with the intention to amend and pay the balance later, constituted an abuse of process. However, striking out all claims would be disproportionate and not justified in the circumstances. In the eleven cases where the appropriate fee was not paid within the limitation period, the claims were not 'brought' in time and are statute barred; summary judgment is granted in those cases.

Court Disposition

Application to strike out refused; summary judgment granted in eleven claims on limitation grounds

Orders

  • Application to strike out is dismissed
  • Summary judgment is entered for the Defendant in eleven claims where the appropriate fee was not paid in time