The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 15 E+W DEFENCE AND REPLY

Textual Amendments

F1 Pt. 15 substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rule 1(1), Sch. 1

Claimant’s notice where defence is that money claimed has been paid E+W

15.10.— (1) Where—

(a) the only claim (apart from a claim for costs and interest) is for a specified amount of money; and

(b) the defendant states in his defence that he has paid to the claimant the amount claimed,

the court will send notice to the claimant requiring the claimant to state in writing whether the claimant wishes the proceedings to continue.

(2) A copy of the claimant’s response must be served on the defendant at the same time as it is filed.

(3) If the claimant fails to respond within 28 days after service of the court’s notice the claim shall be stayed.

(4) Any party may apply under Part 23 for the stay to be lifted. The application must include an explanation for the delay in proceeding with or responding to the claim.

(5) If the claimant files a notice stating a wish that the proceedings should continue, the procedure set out in Part 26 shall apply.]