header-logo header-logo

03 April 2026
Issue: 8156 / Categories: Legal News , Civil way , Procedure & practice , Limitation
printer mail-detail

NLJ this week: Court of Appeal clarifies when a claim truly begins

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.

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll