Monday, 11 March 2019

Lawyers celebrate Court of Appeal success

Experts from a Telford law firm are celebrating victory in a landmark case at the Court of Appeal in London.

Andrew Oranjuik, from Martin-Kaye Solicitors, in Euston Way, said the case would be an important ruling for anyone considering future appeals.

“The case involved the time limits set for bringing cases to court, and our success will be an important reference point for lawyers evaluating how they should conduct an appeal.”

Mr Oranjuik said in claims for unresolved unpaid debts, the claim must be lodged with the court within six years of when the debt became due, otherwise it would not be allowed to proceed.

“Our case involved a builder who claimed our client owed him for work done at their property. Initially a judge in the county court ruled that the six-year time period started in November 2008, and that as the builder failed to lodge his claim with the court before the six years were up, they dismissed his claim as it was out of time.

“But the builder took his case to the Court of Appeal in London to try to overturn the judge’s decision by arguing that our client had made some payments towards the alleged debt during the time period – which would mean the start date was later and his claim was lodged in time.

“The Court of Appeal though decided that despite some payments being made during the six-year window, it was not clear what the payments were for, and the court did not agree that they would have triggered a re-start to the crucial time slot.

“The court also ruled that the builder had not mentioned the interim payments during the county court trial and so they could not be considered at an appeal hearing – if he had mentioned them, the trial would have been conducted differently.

“They dismissed the builder’s appeal and he was ordered to pay our client’s legal costs, which is an excellent result for our client and our team as a whole,” said Mr Oranjuik.

“To have secured a victory on such a high-profile stage is always extremely satisfying, and it’s even more pleasing to see that our case will now act as a reference point for lawyers planning appeals in the future.”

Martin-Kaye Solicitors handled the case in partnership with barrister Aidan Reay from Kings Chambers, in Manchester.