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The Civil Procedure (Amendment No.2) Rules 2007

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Amendments to the Civil Procedure Rules 1998

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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”.

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