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Civil Litigation Section

Automatic strike-out for cases where trial fee unpaid

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The Ministry of Justice has set out plans to strike out claims automatically where the case fee has not been paid.


In amendments to Civil Procedure Rules published this month, the new sanction for non-payment was confirmed for claims where the trial fee has not been paid on or before the trial fee payment date.

The claimant will be liable for the costs which the defendant has incurred, unless court orders otherwise.

If the claimant has had notice in accordance with this rule to pay the trial fee, and remission refused or granted in part, the claim will again be struck out.

If a fee is not paid for a claim where there is also a counterclaim, the counterclaim will still stand.

The new rules come into force on 6 April.

Read the full Gazette article

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