Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
However, deliberate undervaluation may attract sanctions, including strike-out.
In a separate ruling, the court confirmed a claim is ‘issued’ only when sealed—despite a striking 16-month delay in one case. The claimant’s failure to act promptly proved fatal, with no relief from sanctions available.
The decisions highlight the ‘deadly magic’ of procedural timing and reinforce the risks of last-minute filings. Practitioners are reminded: delay and inaction can undo even technically valid claims.
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