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PART 3E+WTHE COURT'S CASE [F1AND COSTS] MANAGEMENT POWERS

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

[F2SECTION I E+WCase Management]

Textual Amendments

[F33.7A—[F4(1) This rule applies where—

(a)a defendant files a counterclaim without—

(i)payment of the fee specified by the relevant Fees Order; or

(ii)making an application for full or part remission of the fee; or

(b)the proceedings continue on the counterclaim alone and—

(i)[F5a directions] questionnaire or a pre-trial check list (listing questionnaire) is filed without payment of the fee specified by the relevant Fees Order;

(ii)the court dispenses with the need for [F5a directions] questionnaire or a pre-trial check list or both;

(iii)these Rules do not require [F5a directions] questionnaire or a pre-trial checklist to be filed in relation to the claim in question; or

(iv)the fee payable for a hearing specified by the relevant Fees Order is not paid.] 

(2) The court will serve a notice on the defendant requiring payment of the fee specified in the relevant Fees Order if, at the time the fee is due, the defendant has not paid it or made an application for [F6full or part] remission.

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

(4) If the defendant does not—

(a)pay the fee; or

(b)make an application for [F7full or part] remission of the fee,

by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.

[F8(5) Where an application for—

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

(6) If the defendant does not pay the fee by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.

(7) If—

(a)the defendant applies to have the counterclaim reinstated; and

(b)the court grants relief,

the relief will be conditional on the defendant either paying the fee or filing evidence of [F9full 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 the defendant 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 defendant.]

Textual Amendments