i-law

Litigation Letter

When brought?

Van Aken v Camden LBC (CA LSG 31 October p38)

Under CPR Part 52 and s204 of the Housing Act 1996, an appeal is brought when the notice of appeal is filed, that is to say, delivered to the court office. That delivery is a unilateral act and not a transactional process, accordingly mere delivery at the court without receipt by an officer is sufficient to establish that the appeal has been brought. Accordingly, where on the last day for an appeal against a local authority’s decision on his request for a review under s202 of the Housing Act 1996, the applicant’s solicitors arrived at the county court office after it had closed and at 6.30pm posted the appropriate documents through the letter box, the appeal had been brought within the time limit so as to confer jurisdiction on the county court to hear the matter.

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