The Civil Procedure Rules 1998

Changes over time for: Section 3.7

Alternative versions:

Status:

Point in time view as at 28/12/2017.

Changes to legislation:

There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 3.7.

Changes to Legislation

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Sanctions for non—payment of certain fees [F1by the claimant] E+W

3.7—[F2(1) [F3Except where rule 3.7A1 applies, this rule applies to fees payable by the claimant where—]

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the court has made an order giving permission to proceed with a claim for judicial review [F5; or]

[F6(e)the fee payable for a hearing specified by the [F7Civil Proceedings Fees Order 2008 (Fees Order 2008)] is not paid.]

F8...
(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 [F9Fees Order 2008] if, at the time the fee is due, the claimant has not paid it or made an application for [F10full or part] 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 [F11full or part] remission of the fee,

by the date specified in the notice—

(i)[F12the claim will automatically be struck out without further order of the court]; and

(ii)the claimant [F13will] be liable for the costs which the defendant has incurred unless the court orders otherwise.

(Rule [F1444.9] provides for the basis of assessment where a right to costs arises under this rule [F15and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007] )

[F16(5) Where an application for—

(a)full or part remission of a fee is refused, the court will serve notice on the claimant requiring payment of the full fee by the date specified in the notice; or

(b)part remission of a fee is granted, the court will serve notice on the claimant requiring payment of the balance 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)[F17the claim will automatically be struck out without further order of the court]; and

(b)the claimant [F18will] be liable for the costs which the defendant has incurred unless the court orders otherwise.

[F19(7) If—

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

(b)the court grants relief,

the relief [F20will] be conditional on the claimant either paying the fee or filing evidence of [F21full or part] 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

F1Words in rule 3.7 heading inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(2) (with rule 13(1)(2))

F2Rule 3.7(1)(2) substituted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 4

F3Words in rule 3.7(1) substituted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(3)(a) (with rule 13(1)(2))

F4Rules 3.7(1)(a)-(c) omitted (6.3.2017) by virtue of The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(3)(b) (with rule 13(1)(2))

F5Word in rule 3.7(1)(d) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 3(b)

F6Rule 3.7(1)(e) inserted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 3(c)

F7Words in rule 3.7(1)(e) substituted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(3)(c) (with rule 13(1)(2))

F8Words in rule 3.7(1) omitted (6.3.2017) by virtue of The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(3)(d) (with rule 13(1)(2))