Determination of rate of payment by judgeE+W
14.12—(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.
Commencement Information
I1Rule 14.12 in force at 26.4.1999, see Signature