Legal Matters with Luke Patel OPINION

Luke Patel is a Partner at Leeds law firm Blacks Solicitors LLP specialising in commercial dispute resolution and heads up that team.

Luke has been named Leeds' most 'Influential South Asian 2021 by Asian Standard readers. Described in the Legal 500 as “exceptional” he primarily acts for individuals, owner managed businesses and SME’s in a wide range of sectors.

Failing To Beat The System

The High Court has rejected an attempt by a firm of solicitors to issue multiple claims on a single Claim Form.

Mansion Place Limited (“MPL”) was a property developer and it contracted Fox Industrial Services Limited (“FISL”) to build student accommodation in Nottingham. There were delays with the construction which FISL stated was due to the pandemic and MPL’s failure to give vacant possession of the site on time. MPL, on the other hand, claimed that the delay was due to FISL’s failure to progress the works and to commit sufficient labour and resources to the project.

In the case of Abbott & Others v Ministry of Defence Hugh James Solicitors represented 3,500 Claimants who were all seeking damages against the Ministry of

Defence for noise-induced hearing loss which they claim had been caused during military service.

Hugh James sought to issue all 3,500 claims on one Claim Form for which there would be one issue fee payable to the court rather than 3,500 separate fees for each Claim Form.

The High Court Master ruled that it was impermissible to join multiple Claimants with widely different claims on a single Claim Form. The Master said that although the individual claims all featured a common Defendant with some common themes, they were “far too disparate” and that they consisted of “a huge variety of unitary claims”.

Further, the Master noted that placing 3,500 separate claims with one Claim Form would put an impossible strain on the courts’ computerised case management system. He referred to an instance where the court staff had mistakenly closed an entire group action when they were informed that (only) one of the cases from the group had settled. The Master directed that unless individual Claim Forms were issued within 6 months then the claims would be struck out.

Under English Law, it is possible to bring group actions where multiple Claimants issue one Claim Form. For example, the Claimants seeking compensation against car manufacturers in the diesel emissions litigation is being pursued as a group action. The ability to issue a group claim under a single Claim Form undoubtedly increases access to justice as, currently, Claimants need to pay a court issue fee equivalent to 5% of the value of their claim up to a maximum of £10,000 and this could be unaffordable for many Claimants who do not qualify for a fee remission, particularly in the current economic climate.

However, given that it is the Government’s intention to make the courts self-sufficient and less reliant on public funds, it is understandable that judges may view attempts to avoid paying court fees as an abuse of process. Therein lies the dilemma, affordability over access to justice even if it is at the expense of the taxpayer. Are we slowly creeping towards the privatisation of the court system?

Blacks Solicitors can provide assistance on all aspects of court and tribunal proceedings. If you require advice or assistance then please contact Luke Patel on 0113 227 9316 or email him at “LPatel@ LawBlacks.com”.