In 2014, claims were issued seeking almost £1million arising from a failed real estate deal. Court fees of £1,920 and £1,115 were paid for the respective claims. Defences were filed, the timetable was followed and the matter was listed for trial in May 2016.
However, shortly before trial, the Defendants applied to strike out or obtain summary judgment, contending that the Claimant’s had deliberately underpaid the court fees when issuing and that meant that the proceedings were an abuse of process and given that the limitation period had expired, no valid claim had been brought in time.
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