3.7—[F1(1) This rule applies where—
(a)an allocation questionnaire or a [F2pre-trial check list (listing questionnaire)] is filed without payment of the fee specified by the relevant Fees Order;
(b)the court dispenses with the need for an allocation questionnaire or a [F3pre-trial check list] or both;
(c)these Rules do not require an allocation questionnaire or a [F4pre-trial check list] to be filed in relation to the claim in question; or
(d)the court has made an order giving permission to proceed with a claim for judicial review.
(Rule 26.3 provides for the court to dispense with the need for an allocation questionnaire and rules 28.5 and 29.6 provide for the court to dispense with the need for a [F5pre-trial check list] )
(Rule 54.12 provides for the service of the order giving permission to proceed with a claim for judicial review)
(2) The court will serve a notice on the claimant requiring payment of the fee specified in the relevant Fees Order if, at the time the fee is due, the claimant has not paid it or made an application for exemption or remission.]
(3) The notice will specify the date by which the claimant must pay the fee.
(4) If the claimant does not—
(a)pay the fee; or
(b)make an application for an exemption from or remission of the fee,
by the date specified in the notice—
(i)[F6the claim will automatically be struck out without further order of the court]; and
(ii)the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise.
(Rule 44.12 provides for the basis of assessment where a right to costs arises under this rule)
(5) Where an application for exemption from or remission of a fee is refused, the court will serve notice on the claimant requiring payment of the fee by the date specified in the notice.
(6) If the claimant does not pay the fee by the date specified in the notice—
(a)[F7the claim will automatically be struck out without further order of the court]; and
(b)the claimant shall be liable for the costs which the defendant has incurred unless the court orders otherwise.
[F8(7) If—
(a)a claimant applies to have the claim reinstated; and
(b)the court grants relief,
the relief shall be conditional on the claimant either paying the fee or filing evidence of exemption from payment or remission of the fee within the period specified in paragraph (8).
(8) The period referred to in paragraph (7) is—
(a)if the order granting relief is made at a hearing at which a claimant is present or represented, 2 days from the date of the order;
(b)in any other case, 7 days from the date of service of the order on the claimant.]
Textual Amendments
F1Rule 3.7(1)(2) substituted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 4
F2Words in rule 3.7(1)(a) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 3(a)
F3Words in rule 3.7(1)(b) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 3(b)
F4Words in rule 3.7(1)(c) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 3(b)
F5Words in rule 3.7(1) substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 3(b)
F6Words in rule 3.7(4)(i) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 5(a)
F7Words in rule 3.7(6)(a) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 5(b)
F8Rule 3.7(7)(8) substituted for rule 3.7(7) (2.6.2003) by The Civil Procedure (Amendment No. 2) Rules 2003 (S.I. 2003/1242), rules 1, 4
Commencement Information