PART 14ADMISSIONS

Determination of rate of payment by judgeI114.12

1

Where a judge is to determine the time and rate of payment, he may do so without a hearing.

2

Where a judge is to determine the time and rate of payment at a hearing, the proceedings must be transferred automatically to the defendant’s home court if—

a

the only claim is for a specified amount of money;

b

the defendant is an individual;

c

the claim has not been transferred to another defendant’s home court under rule 13.4 (application to set aside(GL) or vary default judgment—procedure) or rule 26.2 (automatic transfer);

d

the claim was not started in the defendant’s home court; and

e

the claim was not started in a specialist list.

(Rule 2.3 explains which court is a defendant’s home court)

3

If there is to be a hearing to determine the time and rate of payment, the court must give each party at least 7 days' notice of the hearing.