Fit Kitchen Limited & Anor v Relx Group UK Plc & Anor
[2023] EWHC 1954 (KB)
Jian Guo v Alison Kinder & Ors
5 July 2024
[2024] EWCA Civ 762
Court of Appeal
A woman sued her former solicitors for negligence. She tried to file her claim online early but made mistakes. The court said she didn't properly file her claim on time, even though the court initially rejected her first online attempt, because she didn't follow the rules. Therefore, her claim was too late.
Key Facts
- •Ms Guo attempted to file a claim form before the limitation period expired, then filed a second form which was struck out as statute-barred.
- •The dispute concerns legal advice given by Respondents (solicitors) between April 2013 and September 2015 regarding a lease.
- •Ms Guo alleges negligence, claiming she lost £110,000 due to inadequate advice.
- •Ms Guo attempted to e-file a claim form on August 4, 2021, but it was rejected due to errors in the form and court selection.
- •A revised claim form was filed on August 25, 2021.
- •The appeal concerns whether the claim should be considered filed on August 4, 2021, based on the initial e-filing attempt and the court's handling of it.
Legal Principles
Limitation Act 1980, sections 14A and 32: Determining when a cause of action accrues and the impact of knowledge on limitation periods.
Limitation Act 1980
CPR Practice Direction 7A, paragraph 6.1: Defines when proceedings are started for limitation purposes, particularly concerning the date of receipt versus issue of a claim form.
CPR Practice Direction 7A
Court's inherent jurisdiction: Power to remedy procedural errors that cause injustice to a blameless litigant, especially where the error is attributable to the court.
Riniker v University College London, Barnes v St Helens Metropolitan Borough Council
Chelfat v Hutchinson 3G UK Ltd: Discussion on the application of CPR PD7A concerning when a claim is considered 'brought' considering court errors.
Chelfat v Hutchinson 3G UK Ltd [2022] 1 WLR 3613
Page & Ors v Hewetts Solicitors & Anr [2012] EWCA Civ 805: Risk allocation in claim filing - claimant's risk ceases upon delivery of claim form and fee to court office.
Page & Ors v Hewetts Solicitors & Anr [2012] EWCA Civ 805
Outcomes
Appeal dismissed.
The court found that Ms Guo did not properly deliver a claim form to the court office on August 4, 2021, as required by CPR PD7A para 6.1 and for the inherent jurisdiction to apply. The August 4th document was substantially different from the eventually issued claim form. The court rejected the application of the inherent jurisdiction due to Ms Guo's failure to comply with filing procedures.
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