PAYING WRONG COURT FEE

Kerry Underwood

In Wiseman v Marston’s PLC, unreported, Sheffield County Court, 21 December 2016, case number B61YP388

a Circuit Judge allowed an appeal from a District Judge and approved an amendment to a Claim Form to increase the value of the claim and held that incorrectly stating the value on the Claim Form at the time of issue, and thus paying a lower court fee, was not an abuse of process.

Thus such an error is capable of correction and will not cause limitation to be an issue.

Thus this decision followed that in Wells v Wood, unreported, a decision of Judge Godsmark, the Designated Civil Judge for Nottinghamshire delivered on 9 December 2016.

Both of these judgments are those of Circuit Judges and thus are not binding on any other court.

However they are well argued and, in my view, clearly correct decisions.

Here the Defendant had admitted liability pre-action…

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