Legal director Alix Rejman has contributed an article to the Solicitors Journal analysing recent Court of Appeal decisions on court fees and limitation, which confirm that errors in fee payment do not prevent a claim or appeal from being ‘brought’ in time.
In the article, Alix examines the judgments in Hassan-Soudey v Siniakovich and Eskander v General Medical Council, where the Court of Appeal clarified when an action is considered to have been ‘brought’ for the purposes of limitation and statutory appeals. She explains how the decisions provide important clarification for litigants and practitioners, confirming that the timing of filing – rather than payment – is the decisive step, while maintaining safeguards against abuse of process.
The CA accepted Ground 4 and allowed Dr Eskander's appeal. In doing so it held that, analogous with Siniakovich, a statutory appeal is 'brought' when the appellant's notice is delivered to the court office, even if it is not accompanied by the requisite court fee - the decisive action being the filing of the appellants notice, not the timing of the payment of the fee.
The full article is available to read online from Solicitors Journal here.
About Alix
Alix Rejman is a legal director in the regulation and public law team. She specialises in advising clients from the public, private and third sector on matters concerning administrative and public law, regulation and professional discipline.
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