The Civil Procedure Rules 1998

Claimant’s notice where defence is that money claimed has been paid

15.10—(1) Where—

(a) the only claim (apart from a claim for costs and interest) is for a specified amount of money; and

(b) the defendant states in his defence that he has paid to the claimant the amount claimed,

the court will send notice to the claimant requiring him to state in writing whether he wishes the proceedings to continue.

(2) When the claimant responds, he must serve a copy of his response on the defendant.

(3) If the claimant fails to respond under this rule within 28 days after service of the court’s notice on him the claim shall be stayed^(GL).

(4) Where a claim is stayed under this rule any party may apply for the stay^(GL) to be lifted.

(If the claimant files notice under this rule that he wishes the proceedings to continue, the procedure which then follows is set out in Part 26)