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02 June 2023 / Stephen Gold
Issue: 8027 / Categories: Features , Procedure & practice , Civil way , CPR , Fees
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Civil way: 2 June 2023

Short-changing the court; overseas and watched; standard orders ready; (till the next time); too much relief.

RETURN OF THE ASS

The claimants’ solicitors authorised the county court at Central London to debit the court fee from their PBA account when they sought to issue Pt 8 proceedings by post in Peterson and another v Howard De Walden Estates Ltd [2023] EWHC 929 (KB), [2023] All ER (D) 29 (May). Alas, the authority was for £24 short of the prescribed fee and so court staff bounced back. That fatally meant that the deadline for applying for an order under s 48(3) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) was missed. The claimants sought relief under CPR 3.10, which gives the court power to rectify where there has been an ‘error of procedure’. Mr Justice Eyre, on appeal, affirmed the decision below, holding that there was no jurisdiction to grant relief as, although CPR 3.10 could be used to remedy defects in the form of proceedings once commenced, it was otherwise limited to an error in

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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