Section 3.7A

Except where rule 3.7AA applies, this rule applies to fees payable by the defendant where— a defendant files a counterclaim without— payment of the fee specified by the Civil Proceedings Fees Order 2008 (Fees Order 2008); or making an application for full or part remission of the fee; or the proceedings continue on the counterclaim alone and— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the fee payable for a hearing specified by the Fees Order 2008 is not paid. The court will serve a notice on the defendant requiring payment of the fee specified in the Fees Order 2008 if, at the time the fee is due, the defendant has not paid it or made an application for full or part remission. The notice will specify the date by which the defendant must pay the fee. If the defendant does not— by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court. pay the fee; or make an application for full or part remission of the fee, Where an application for— 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 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. If the defendant does not pay the fee by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court. If— the relief will be conditional on the defendant either paying the fee or filing evidence of full or part remission of the fee within the period specified in paragraph (8). the defendant applies to have the counterclaim reinstated; and the court grants relief, The period referred to in paragraph (7) is— if the order granting relief is made at a hearing at which the defendant is present or represented, 2 days from the date of the order; in any other case, 7 days from the date of service of the order on the defendant.

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Source: legislation.gov.uk · retrieved 2026-08-15