38.8—(1) This rule applies where—
(a)proceedings are partly discontinued;
[F1(b)a claimant is liable to—
(i)pay costs under rule 38.6; or
(ii)make a payment pursuant to an order under section 194(3) of the Legal Services Act 2007; and]
(c)the claimant fails to pay those costs [F2or make the payment] within [F314] days of—
(i)the date on which the parties agreed the sum payable by the claimant; or
(ii)the date on which the court ordered the costs to be paid [F4or the payment to be made].
(2) Where this rule applies, the court may stay(GL) the remainder of the proceedings until the claimant pays the whole of the costs which [F5the claimant] is liable to pay under rule 38.6 [F6or makes the payment pursuant to an order under section 194(3) of the Legal Services Act 2007]
[F7(Rules [F844.9 and 46.7] contain provisions about applying for an order under section 194(3) of the Legal Services Act 2007.)]
Textual Amendments
F1Rule 38.8(1)(b) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(a)
F2Words in rule 38.8(1)(c) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(b)(i)
F3Word in rule 38.8(1)(c) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 10 (with rule 39)
F4Words in rule 38.8(1)(c)(ii) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(b)(ii)
F5Words in rule 38.8(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(c)(i)
F6Words in rule 38.8(2) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(c)(ii)
F7Words in rule 38.8 inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(d)
F8Words in rule 38.8 substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 15(b)
Commencement Information