Key Facts
- •Claimants sought a section 48(3) order (Leasehold Reform, Housing & Urban Development Act 1993) but missed the deadline due to an incorrect court fee (£308 instead of £332) on their application.
- •Claimants appealed Recorder Hansen's dismissal of their CPR 3.10 application to remedy the procedural error.
- •The central issue was whether the fee payment error constituted an 'error of procedure' under CPR 3.10.
- •The application was submitted near the statutory deadline, and the court counter's relocation contributed to the error.
Legal Principles
Leasehold Reform, Housing & Urban Development Act 1993, sections 39, 42, 45, 48, and 53 outline the process for acquiring a new lease, including deadlines and consequences for missing them.
Leasehold Reform, Housing & Urban Development Act 1993
CPR rule 7.2 governs the commencement of proceedings; CPR rule 3.10 allows the court to remedy errors of procedure.
Civil Procedure Rules
The Courts Act 2003 empowers the Lord Chancellor to set court fees.
Courts Act 2003
CPR 3.10 should be construed widely but cannot circumvent statutory requirements.
Case law interpretations of CPR 3.10
Outcomes
Appeal dismissed.
The court found that the incorrect court fee was not an 'error of procedure' within the meaning of CPR 3.10. The error related to a fee set by the Lord Chancellor, not a procedural rule, and occurred before the proceedings formally commenced. Even if jurisdiction existed, the court would have likely refused relief due to the late application and prejudice to the defendant.