The Civil Procedure (Amendment No.2) Rules 2007

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”.