The Civil Procedure Rules 1998

Sanctions for non—payment of certain fees E+W

3.7— [F1 (1) This rule applies where—

(a) an allocation questionnaire or a [F2 pre-trial check list (listing questionnaire)] is filed without payment of the fee specified by the relevant Fees Order;

(b) the court dispenses with the need for an allocation questionnaire or a [F3 pre-trial check list] or both;

(c) these Rules do not require an allocation questionnaire or a [F4 pre-trial check list] to be filed in relation to the claim in question; or

(d) the court has made an order giving permission to proceed with a claim for judicial review.

• (Rule 26.3 provides for the court to dispense with the need for an allocation questionnaire and rules 28.5 and 29.6 provide for the court to dispense with the need for a [F5 pre-trial check list] )

• (Rule 54.12 provides for the service of the order giving permission to proceed with a claim for judicial review)

(2) The court will serve a notice on the claimant requiring payment of the fee specified in the relevant Fees Order if, at the time the fee is due, the claimant has not paid it or made an application for exemption or remission.]

(3) The notice will specify the date by which the claimant must pay the fee.

(4) If the claimant does not—

(a) pay the fee; or

(b) make an application for an exemption from or remission of the fee,

by the date specified in the notice—

(i) the claim shall be struck out; and

(ii) the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise.

(Rule 44.12 provides for the basis of assessment where a right to costs arises under this rule)

(5) Where an application for exemption from or remission of a fee is refused, the court will serve notice on the claimant requiring payment of the fee by the date specified in the notice.

(6) If the claimant does not pay the fee by the date specified in the notice—

(a) the claim shall be struck out; and

(b) the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise.

[F6 (7) If—

(a) a claimant applies to have the claim reinstated; and

(b) the court grants relief,

the relief shall be conditional on the claimant either paying the fee or filing evidence of exemption from payment or remission of the fee within the period specified in paragraph (8).

(8) The period referred to in paragraph (7) is—

(a) if the order granting relief is made at a hearing at which a claimant is present or represented, 2 days from the date of the order;

(b) in any other case, 7 days from the date of service of the order on the claimant.]

Textual Amendments

F1 Rule 3.7(1)(2) substituted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 4

F2 Words in rule 3.7(1)(a) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 3(a)

F3 Words in rule 3.7(1)(b) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 3(b)

F4 Words in rule 3.7(1)(c) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 3(b)

F5 Words in rule 3.7(1) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 3(b)

F6 Rule 3.7(7)(8) substituted for rule 3.7(7) (2.6.2003) by The Civil Procedure (Amendment No. 2) Rules 2003 (S.I. 2003/1242), rules 1, 4

Commencement Information

I1 Rule 3.7 in force at 26.4.1999, see Signature