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The Civil Procedure Rules 1998

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This is the original version (as it was originally made).

Determination of rate of payment by judge

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.

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