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Amendments to the Civil Procedure Rules introduce automatic strike out for non payment of trial fee

Posted on Wednesday, 17th May 2017 by

Amendments to the Civil Procedure Rules introduce automatic strike out for non payment of trial fee

 

In amendments to the Civil Procedure Rules that were published on 6th April 2017, there are new sanctions imposed for Claimants who fail to pay the trial fee in accordance with the Court’s directions.

Pursuant to the new rules, if the Claimant fails to pay the trial fee by the date on the notice provided by the Court, the claim will be struck out and the Claimant will be liable for the Defendant’s costs.

In circumstances where the claim is subject to a counterclaim [and the trial fee is not paid] the claim will be struck out and the counterclaim will still stand.

The new changes will mean the trial fee will now be payable approximately 28 days before the trial [in most cases] as opposed to 14 days from receipt of the hearing notice, which was the former position. This is much more advantageous as it means the parties are given a longer time period to settle without the Claimant having to incur the cost of the trial fee.

If you would like to discuss the contents of this blog or have any related queries, please do not hesitate to contact our Advisory Dispute Resolution department on 0330 024 9643 or contact Neusha Mazaher direct by email addressed to neusha.mazaher@ehlcommercial.co.uk.

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact a member of the team who will be happy and able to advise you on your own particular circumstances.

 


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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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