- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/04/2024)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 30/04/2024.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 3.7A.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
[F23.7A—[F3(1) [F4Except where rule 3.7AA applies, this rule applies to fees payable by the defendant where—]
(a)a defendant files a counterclaim without—
(i)payment of the fee specified by the [F5Civil Proceedings Fees Order 2008 (Fees Order 2008)]; or
(ii)making an application for full or part remission of the fee; or
(b)the proceedings continue on the counterclaim alone and—
F6(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv)the fee payable for a hearing specified by the [F7Fees Order 2008] is not paid.]
(2) The court will serve a notice on the defendant requiring payment of the fee specified in the [F8Fees Order 2008] if, at the time the fee is due, the defendant has not paid it or made an application for [F9full 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 [F10full 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.
[F11(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 [F12full 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
F1Rule 3.7A heading inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(6) (with rule 13(1)(2))
F2Rule 3.7A inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 6
F3Rule 3.7A(1) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 4(a)
F4Words in rule 3.7A(1) substituted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(7)(a) (with rule 13(1)(2))
F5Words in rule 3.7A(1)(a)(i) substituted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(7)(b) (with rule 13(1)(2))
F6Rules 3.7A(1)(b)(i)-(iii) omitted (6.3.2017) by virtue of The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(7)(c)(i) (with rule 13(1)(2))
F7Words in rule 3.7A(1)(b)(iv) substituted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(7)(c)(ii) (with rule 13(1)(2))
F8Words in rule 3.7A(2) substituted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(8) (with rule 13(1)(2))
F9Words in rule 3.7A(2) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 4(b)
F10Words in rule 3.7A(4)(b) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 4(c)
F11Rule 3.7A(5) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 4(d)
F12Words in rule 3.7A(7) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 4(e)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Yr Offeryn Cyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.