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Non-payment of court fees—does time continue to run for limitation purposes? (Butters v Hayes)

Non-payment of court fees—does time continue to run for limitation purposes? (Butters v Hayes)
Published on: 04 March 2021
Published by: LexisPSL
  • Non-payment of court fees—does time continue to run for limitation purposes? (Butters v Hayes)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: This case considered whether the non-payment of a court filing fee meant that time would continue to run for limitation purposes in respect of a new claim within existing proceedings. The Court of Appeal held that such a claim, made by way of amendment, will not become time-barred because the requisite court fee had not been paid. In so doing, Lord Justice Peter Jackson set out in some detail the relevant principles from the key authorities and this judgment accordingly also provides helpful practical guidance on when the failure to pay a court fee could conceivably lead to a claim being out of time for limitation purposes. Written by Christopher Humby, of counsel at Quinn Emanuel. or take a trial to read the full analysis.

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