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

Textual Amendments

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

[F3Sanctions for non-payment of the trial fee by the defendant, where proceedings continue on the counterclaim aloneE+W

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