Q&As

Do you need to pay a court fee when applying under CPR 23.10 to set aside an order made under CPR 23.9 (ie where the application was permitted to be made and the order then made without notice to the respondent)?

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Published on LexisPSL on 02/01/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Do you need to pay a court fee when applying under CPR 23.10 to set aside an order made under CPR 23.9 (ie where the application was permitted to be made and the order then made without notice to the respondent)?

CPR 23.9 allows the court to make an order where the respondent has no notice of the application seeking it. After an application without notice has been granted or dismissed, the applicant must, unless the court orders otherwise, serve on the respondent(s):

  1. the court order (stating that the respondent can apply to set it aside)

  2. a copy of the application notice, and

  3. any evidence in support

See Prac

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