In ABC & Ord v The London Borough of Lambeth [2021] EWHC 2057 (QB), the court answers the question as to when proceedings are commenced using the Electronic Working System and highlights the importance of issuing a claim form in a timely manner.
Do you have a claim against a professional? If you want expert legal advice, do not delay in instructing us so we can assess the legal merit of your case. We can often take on such claims on a no win no fee basis (such as a Conditional Fee Arrangement) once we have discussed the claim with you and then assessed and advised you on the merits of the proposed professional negligence action.
Our expert legal team of leading Professional Negligence Solicitors & Barristers can provide urgent help, advice or representation to you. Just call our Professional Negligence Lawyers on 02071830529 or email us now.
What is the Electronic Working System?
This system, also known as CE-File, allows litigants to issue claims, make applications, file documents and communicate with the court electronically.
How can I issue a claim using the Electronic Working System?
In order to issue proceedings via the CE-filing system, registration via the HM Courts & Tribunals E-Filing Service website is necessary (https://efile.cefile-app.com/register/new). Once registered, it will be possible to file documents, issue claims, make applications and communicate with the court electronically 24/7.
The Case
ABC & Ord v The London Borough of Lambeth [2021] EWHC 2057 (QB) involved a claim for breach of the defendant’s statutory duty under the Data Protection Act 1998, in the context of family/adoption proceedings.
On 17 February 2021, prior to issuance of a claim form, the claimants made an application that their names be anonymised in the proceedings via the Electronic Working System. They then filed a claim form using the same system on the same date at 4:15 PM. The claimants then received an automated email at 4:20 PM confirming that the documents had been filed.
The following day, the claimants received an email from the court rejecting the initial submission of the case documents due to administrative issues with the documents. The court requested that the claimants re-file the claim form and a sealed copy of the anonymity order via CE-Filing, which they complied with.
As the proceedings were issued near the limitation deadline, on May 18 2021, the defendant contacted the Queen’s Bench and questioned the precise date and time the issuance of the claim form took place. They also sought to use this as a defence to the claim.
The Judgment
Deputy Master Grimshaw held that the proceedings had been issued on 17 February 2021.
Therefore, this case clarifies that the issuance of proceedings via the Electronic Working System occurs when payment of the relevant court fee takes place in accordance with Practice Direction 51O of the Civil Procedure Rules 1998. This means that the claim was issued on 17 February 2021 once payment of the court fee for the claim form and associated documents was made and the automated email confirming receipt of the documentation was sent to the claimants.
The judge also ruled that any deficiencies in procedure were not sufficient in preventing proceedings being regarded as “issued.”
Furthermore, although the limitation period was not explicitly addressed by the judge, this case highlights the risks of issuing a claim form at the last minute and urges claimants to commence proceedings within a reasonable time frame.
When should a claim form be issued?
Guidance in regard to this is provided by Practice Direction 51O of the Civil Procedure Rules 1998. Paragraph 5.4(1) of the PD states that where payment of a court fee is required to be sent with a document, the date and time of filing on the Electronic Working System, will be deemed to be the date and time at which payment of the court fee is made.
Paragraph 5.4(2) of the PD also states that the data and time of payment determines the date and time of issue for all claim forms and other documents submitted using the Electronic Working System.
According to paragraphs 5.4(5) and 5.4(7), where the submission of a claim form fails acceptance because the filing error is more serious than an error of procedure, the form will need to be re-submitted and the court fee will need to be paid again for proceedings to be issued. This will generate a new date and time of issue. In this case, the filing error was administrative in nature as certain information was omitted from the claim form. Thus, the claim form did not fail acceptance in this case and these two paragraphs of the PD did not apply.
What does this case mean for solicitors that miss a deadline?
This case ultimately highlights the significance of adhering to the Civil Procedure Rules 1998 which sets out strict deadlines for parties in terms of filing and serving documentation in relation to claims. It also emphasises the professional standard that solicitors are required to uphold when performing duties for clients.
“…this case should once again serve as a reminder to litigants that leaving the issue of a claim form to the eleventh hour of limitation is an extremely risky approach to take and should be avoided at all costs.”
Paragraph 49 of ABC & Ord v The London Borough of Lambeth [2021] EWHC 2057 (QB)
Download the Judgment
Have your solicitors been negligent?
We specialise in professional negligence claims and have years of experience in handling and resolving negligence claims. Our lawyers have market-leading experience of providing bespoke legal advice and bringing complex claims to settlement. As a leading law firm regularly featured in the news and media and with a track record of success, you can be assured your negligence claim will proceed with precision and care.
We ensure that we provide the best possible outcome for our clients by conducting in depth investigation and research into the realistic prospects of a case before advising on the appropriate course of action in order to reduce time and expense. Where appropriate we encourage the use of alternative dispute resolution (such as mediation and without prejudice negotiation) and our negotiation skills are first-class. If required, we are extremely experienced and capable at navigating our clients through the litigation process.
Instruct Specialist Professional Negligence Solicitors
We are a specialist City of London law firm made up of Solicitors & Barristers operating from the only law firm based in the Middle Temple Inn of Court adjacent to the Royal Courts of Justice. The firm is made up of exceptional lawyers who are practicing solicitors and barristers supported by high quality paralegals, legal apprentices and other legal support staff. We regularly work in conjunction with leading Queen’s Counsel and junior barristers from chambers predominantly in London near to our own chambers in Middle Temple.
Our team can provide the best expertise in advising on claims for compensation against professionals that have fallen below the required standard, which can cause financial or personal losses. We are experienced in bringing you successful claims against negligent solicitors, barristers, financial advisors, surveyors, valuers, architects, tax advisors and IFAs.