Kerry Underwood


with 2 comments

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 and so the only issue was quantum.

The Claimant’s solicitor issued proceedings to protect the position on limitation and stated the value of the claim to be £50,000.00 and paid the appropriate court fee for that sum.

The judge considered that had he given detailed consideration to the value of the claim, he should have realised that it was worth at least £200,000.00.

However, such conduct was not an abuse of court and as soon as the solicitor had the advice of a barrister on quantum and the Particulars of Claim he served them and applied immediately for permission to amend the Claim Form so that the proper value was shown and the correct fee paid.

The judge took the view that there was a world of difference between this conduct and a solicitor deliberately stating the value of the claim to be low in order to save money, which may well be an abuse, and was what happened in Lewis v Ward Hadaway [2015] EWHC 3503 (Ch).


Written by kerryunderwood

July 3, 2017 at 1:29 pm

Posted in Uncategorized

2 Responses

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  1. Reblogged this on | truthaholics.


    July 3, 2017 at 3:57 pm

  2. daveyone1

    July 3, 2017 at 9:53 pm

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