Claim struck out where claimant had paid wrong court fee after understating value of claim (County Court)

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 [2015] 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).)

By |2019-04-09T11:11:45+01:00January 31st, 2017|Changes in the law|0 Comments

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Donal Blaney
Donal is the owner and managing director of Griffin Law. His particular specialisms as a litigator are in respect of complex financial disputes with an international dimension, trust and tax disputes and asset tracing. Donal prides himself, and his firm, on being proactive, innovative, tenacious and commercially-minded. He is the kind of lawyer you want on your side, not against you.