- Latest available (Revised)
- Point in Time (30/04/2024)
- Original (As made)
Point in time view as at 30/04/2024.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Section 3.7AA.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
3.7AA.—(1) This rule applies in relation to trial fees where that fee is to be paid by the defendant and the court notifies the defendant in writing of the trial date.
(Definitions contained in rule 3.7A1(1) apply to this rule also.)
(2) When the court notifies the parties in writing of the trial date, the court must also send a fee notice to the defendant.
(3) The fee notice may be contained in the same document as the notice of trial date, or may be a separate document.
(4) Where an application for full or part remission of a trial fee is refused, when the court sends written notice to the defendant of the refusal, the court must also notify the defendant in writing—
(a)that the defendant is required to pay the full trial fee by the revised trial fee payment date; and
(b)of the consequences of non-payment of the trial fee.
(5) Where part remission of a fee is granted, when the court sends written notice to the defendant of the part remission, the court must also notify the defendant in writing—
(a)that the defendant is required to pay the balance of the trial fee by the revised trial fee payment date; and
(b)of the consequences of non-payment of the balance.
(6) If—
(a)the defendant has had notice in accordance with this rule to pay the trial fee;
(b)the defendant has not applied to have the trial fee remitted in whole or part; and
(c)the trial fee has not been paid on or before the trial fee payment date,
the counterclaim will automatically be struck out without further order of the court.
(7) If—
(a)the defendant has had notice in accordance with this rule to pay the trial fee;
(b)the defendant has applied to have the trial fee remitted in whole or part;
(c)remission is refused or only part remission of the trial fee is granted;
(d)following the decision on remission, the defendant has had notice in accordance with this rule to pay the full trial fee or balance of it; and
(e)the full trial fee or balance of it (as appropriate) has not been paid on or before the revised trial fee payment date,
the counterclaim will automatically be struck out without further order of the court.
(8) If—
(a)a defendant applies to have the counterclaim reinstated; and
(b)the court grants relief,
the relief will be conditional on the defendant either paying the trial fee or filing evidence of full or part remission of the fee within the period specified in paragraph (9).
(9) The period referred to in paragraph (8) 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.]
Textual Amendments
F1Rule 3.7AA inserted (6.3.2017) by The Civil Procedure (Amendment) Rules 2017 (S.I. 2017/95), rules 2(b), 5(9) (with rule 13(1)(2))
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.