PART 3E+WTHE COURT'S CASE [F1AND COSTS] MANAGEMENT POWERS

Textual Amendments

F1Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)

Modifications etc. (not altering text)

C1Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)

[F2SECTION I E+WCase Management]

Textual Amendments

F2Pt. 3 Section 1 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(c) (with rule 22)

Sanctions for non—payment of certain feesE+W

3.7—[F3(1) This rule applies where—

(a)[F4a directions] questionnaire or a [F5pre-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 [F4a directions] questionnaire or a [F6pre-trial check list] or both;

(c)these Rules do not require [F4a directions] questionnaire or a [F7pre-trial check list] to be filed in relation to the claim in question; F8...

(d)the court has made an order giving permission to proceed with a claim for judicial review [F9; or]

[F10(e)the fee payable for a hearing specified by the relevant Fees Order is not paid.]

(Rule 26.3 provides for the court to dispense with the need for [F4a directions] questionnaire and rules 28.5 and 29.6 provide for the court to dispense with the need for a [F11pre-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 [F12full or part] 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 [F13full or part] remission of the fee,

by the date specified in the notice—

(i)[F14the claim will automatically be struck out without further order of the court]; and

(ii)the claimant [F15will] be liable for the costs which the defendant has incurred unless the court orders otherwise.

(Rule [F1644.9] provides for the basis of assessment where a right to costs arises under this rule [F17and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007] )

[F18(5) Where an application for—

(a)full or part remission of a fee is refused, the court will serve notice on the claimant requiring payment of the full fee by the date specified in the notice; or

(b)part remission of a fee is granted, the court will serve notice on the claimant requiring payment of the balance 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)[F19the claim will automatically be struck out without further order of the court]; and

(b)the claimant [F20will] be liable for the costs which the defendant has incurred unless the court orders otherwise.

[F21(7) If—

(a)a claimant applies to have the claim reinstated; and

(b)the court grants relief,

the relief [F22will] be conditional on the claimant either paying the fee or filing evidence of [F23full or part] 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

F3Rule 3.7(1)(2) substituted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 4

F4Words in rule 3.7(1) substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(e)(i) (with rule 22)

F5Words 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)

F6Words 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)

F7Words 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)

F8Word in rule 3.7(1)(c) omitted (6.4.2008) by virtue of The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 3(a)

F9Word in rule 3.7(1)(d) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 3(b)

F10Rule 3.7(1)(e) inserted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 3(c)