Amendments to the Civil Procedure Rules 1998
4. In rule 3.7A—
(a)for paragraph (1) substitute—
“(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)an allocation 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 an allocation questionnaire or a pre-trial check list or both;
(iii)these Rules do not require an allocation 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. ”;
(b)in paragraph (2), for “exemption or” substitute “full or part”;
(c)in paragraph (4)(b), for “an exemption from or” substitute “full or part”;
(d)for paragraph (5) substitute—
“(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.”; and
(e)in paragraph (7), for “exemption from payment or” substitute “full or part”.