C1PART 3THE COURT'S CASE F7AND COSTS MANAGEMENT POWERS
Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
F8SECTION I Case Management
Pt. 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)
F9Sanctions for non-payment of certain fees by the defendantF13.7A
F21
F10Except where rule 3.7AA applies, this rule applies to fees payable by the defendant where—
a
a defendant files a counterclaim without—
i
payment of the fee specified by the F11Civil Proceedings Fees Order 2008 (Fees Order 2008); or
ii
making an application for full or part remission of the fee; or
b
the proceedings continue on the counterclaim alone and—
F14i
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F14ii
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F14iii
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iv
the fee payable for a hearing specified by the F12Fees Order 2008 is not paid.
2
3
The notice will specify the date by which the defendant must pay the fee.
4
If the defendant does not—
a
pay the fee; or
b
make an application for F4full or part remission of the fee,
by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.
F55
Where an application for—
a
full or part remission of a fee is refused, the court will serve notice on the defendant 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 defendant requiring payment of the balance of the fee by the date specified in the notice.
6
If the defendant does not pay the fee by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.
7
If—
a
the defendant applies to have the counterclaim reinstated; and
b
the court grants relief,
the relief will be conditional on the defendant either paying the fee or filing evidence of F6full 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 the defendant 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 defendant.
Words 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)