Description
Failure to provide appropriate court fee meant claim submitted for issue on last possible day was not "brought" within the relevant limitation period.
C claimed against D, their former solicitors, for secret profits. The issue was whether the claim had been "brought" within six years for the purposes of the
Limitation Act 1980. C submitted that it was common ground that the court received the documents and a court fee of £990 on 6 February 2009.
The court held that had the documents and court fee been received on that date, but no later, then the claim would have been brought in time. However, inclusion of the appropriate fee was an essential requirement and the £990 was insufficient. C's failure to provide the appropriate fee meant that they had not done all that was required of them and they had left it too late to correct the error. The secret profits claim was therefore not "brought" within the time period.
