PART 3THE COURT'S CASE AND COSTS MANAGEMENT POWERS

SECTION I Case Management

Sanctions for non—payment of certain fees F1by the claimant3.7

F2(1)

F3Except where rule 3.7A1 applies, this rule applies to fees payable by the claimant where—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

the court has made an order giving permission to proceed with a claim for judicial review F5; or

F6(e)

the fee payable for a hearing specified by the F7Civil Proceedings Fees Order 2008 (Fees Order 2008) is not paid.

  • F8...

  • (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 F9Fees Order 2008 if, at the time the fee is due, the claimant has not paid it or made an application for F10full 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 F11full or part remission of the fee,

by the date specified in the notice—

(i)

F12the claim will automatically be struck out without further order of the court; and

(ii)

the claimant F13will be liable for the costs which the defendant has incurred unless the court orders otherwise.

(Rule F1444.9 provides for the basis of assessment where a right to costs arises under this rule F15and 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 )

F16(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)

F17the claim will automatically be struck out without further order of the court; and

(b)

the claimant F18will be liable for the costs which the defendant has incurred unless the court orders otherwise.

F19(7)

If—

(a)

a claimant applies to have the claim reinstated; and

(b)

the court grants relief,

the relief F20will be conditional on the claimant either paying the fee or filing evidence of F21full 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.