The County Court has struck out a claim and granted summary judgment on the grounds that the wrong court fee was paid when the claim was issued.
The judge found that the value of the claim as stated on the claim form had been incorrect and that, therefore, the correct fee had not been paid. He held that this amounted to an abuse of process on the part of the claimant’s solicitors.
This decision follows the reasoning in Lewis v Ward Hadaway  EWHC 3503 (Ch), and may be contrasted with recent decisions in which the courts have taken a less hard-edged approach. (Stiff v Aurelia Ltd (unreported), 21 October 2016, (Bury St Edmunds County Court).)