CA-2024-002323 - [2025] EWCA Civ 1168

Fecha: 22-Sep-2025

Grounds of Appeal

Grounds of Appeal

46.

The Grounds of Appeal address the two key questions identified earlier by HHJ Salmon which I have paraphrased at §37 above.

47.

The Appellant seeks a declaration from this court that the county court “has no jurisdiction over the parties’ dispute under the [CPR] or the law”.

48.

The more detailed grounds of appeal are lengthy and repetitive. I distil the points raised into the following key complaints:-

The Appellant’s use of form N16A cannot amount to an “action” or an originating process “as prescribed by plaint” (per section 147 CCA 1984) (see Appendix §98); the N16A does not satisfy the various CPR requirements for a claim form; an unformulated claim of this kind was a ‘nullity’ over which the court did not have jurisdiction;

ii)

Without any originating process being issued (i.e., a Part 7 or Part 8 claim) there are no proceedings. “Proceedings” are not started until the court issues a claim form at the request of a claimant: CPR r.7.2(1) (see Appendix §110);

iii)

The interim injunction application pursued by the Appellant in August 2023 did not fall within any exceptional jurisdiction under CPR PD25A (then in force);

iv)

CPR r.3.10 cannot allow the court to treat the N16A as a claim form; CPR r.3.10 is never available where a claimant had not taken any step in the substantive proceedings rather than “a procedural step but which contained an error”; the CPR do not come into effect before proceedings commence and/or if there are no proceedings. Without the issue of a claim form, there are no “proceedings”, and CPR r.3.10 cannot be relied upon.