C1PART 3THE COURT'S CASE F15AND COSTS MANAGEMENT POWERS
Pt. 3 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)
F16SECTION I Case Management
Pt. 3 Section 1 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(c) (with rule 22)
Sanctions for non—payment of certain fees F18by the claimantI13.7
F11
F19Except where rule 3.7A1 applies, this rule applies to fees payable by the claimant where—
F23a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the court has made an order giving permission to proceed with a claim for judicial review F8; or
F5e
the fee payable for a hearing specified by the F20Civil Proceedings Fees Order 2008 (Fees Order 2008) is not paid.
F21...
(Rule 54.12 provides for the service of the order giving permission to proceed with a claim for judicial review)
2
3
The notice will specify the date by which the claimant must pay the fee.
4
If the claimant does not—
a
pay the fee; or
b
make an application for F9full or part remission of the fee,
by the date specified in the notice—
i
F3the claim will automatically be struck out without further order of the court; and
ii
the claimant F12will be liable for the costs which the defendant has incurred unless the court orders otherwise.
(Rule F1744.9 provides for the basis of assessment where a right to costs arises under this rule F13and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007 )
F105
Where an application for—
a
full or part remission of a fee is refused, the court will serve notice on the claimant 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 claimant requiring payment of the balance of the fee by the date specified in the notice.
6
If the claimant does not pay the fee by the date specified in the notice—
a
F4the claim will automatically be struck out without further order of the court; and
b
the claimant F14will be liable for the costs which the defendant has incurred unless the court orders otherwise.
8
The period referred to in paragraph (7) is—
a
if the order granting relief is made at a hearing at which a claimant 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 claimant.
Words in Pt. 3 heading inserted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 5(a) (with rule 22)