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02 June 2023 / Stephen Gold
Issue: 8027 / Categories: Features , Procedure & practice , Civil way , CPR , Fees
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Civil way: 2 June 2023

Short-changing the court; overseas and watched; standard orders ready; (till the next time); too much relief.

RETURN OF THE ASS

The claimants’ solicitors authorised the county court at Central London to debit the court fee from their PBA account when they sought to issue Pt 8 proceedings by post in Peterson and another v Howard De Walden Estates Ltd [2023] EWHC 929 (KB), [2023] All ER (D) 29 (May). Alas, the authority was for £24 short of the prescribed fee and so court staff bounced back. That fatally meant that the deadline for applying for an order under s 48(3) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) was missed. The claimants sought relief under CPR 3.10, which gives the court power to rectify where there has been an ‘error of procedure’. Mr Justice Eyre, on appeal, affirmed the decision below, holding that there was no jurisdiction to grant relief as, although CPR 3.10 could be used to remedy defects in the form of proceedings

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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
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