Amendments to the Civil Procedure Rules 19984.

In rule 3.7A—

(a)

for paragraph (1) substitute—

“(1)

This rule applies where—

(a)

a defendant files a counterclaim without—

(i)

payment of the fee specified by the relevant Fees Order; or

(ii)

making an application for full or part remission of the fee; or

(b)

the proceedings continue on the counterclaim alone and—

(i)

an allocation questionnaire or a pre-trial check list (listing questionnaire) is filed without payment of the fee specified by the relevant Fees Order;

(ii)

the court dispenses with the need for an allocation questionnaire or a pre-trial check list or both;

(iii)

these Rules do not require an allocation questionnaire or a pre-trial checklist to be filed in relation to the claim in question; or

(iv)

the fee payable for a hearing specified by the relevant Fees Order is not paid. ”;

(b)

in paragraph (2), for “exemption or” substitute “full or part”;

(c)

in paragraph (4)(b), for “an exemption from or” substitute “full or part”;

(d)

for paragraph (5) substitute—

“(5)

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.”; and

(e)

in paragraph (7), for “exemption from payment or” substitute “full or part”.