Case Report: Wells v Wood [2016] unreported, Lincoln County Court, HHJ Godsmark QC, 9 December, 2016 WL 07330089

Court fees; limitation period; striking out; abuse of process ‘A claim form issued by a court and sealed is effective for limitation purposes regardless of the fee paid. Issue of the claim form marks the commencement of proceedings.’ In the professional negligence case of Lewis v Ward Hadaway [2015] several claims were held to be …
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Procedure: Fee high fo fum

Tom White and Emma Holmes return to the problem of court fees ‘The courts will take a very dim view of deliberately misstating the value of claims and paying lower fees accordingly.’In 2015 we saw some substantial rises in court fees, including, in particular, fees for issuing claims. This rise in fees saw vehement opposition …
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Limitation Act: Recorded delivery?

Philip Youdan provides an update on Page v Hewetts ‘Page v Hewetts [2013] demonstrates clearly that the burden lies with the party bringing the proceedings to show that, on the balance of probabilities, the papers have been received at court.’ The case of Page v Hewetts [2013] involved allegations of dishonest conduct by a solicitor …
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Estate Administration: Know your limits

Philip Youdan and Russell Simpson look at Page v Hewetts, which provides guidance on issuing a claim in accordance with the Limitation Act 1980 ‘The judgment in Page v Hewetts provided important clarification on what is necessary to issue a claim in compliance with the Limitation Act 1980.’ The recent case of Page v Hewetts …
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