Q&As

Does a defendant have to pay fixed commencement costs and the issue fee if the debt is paid between the issue and service of proceedings?

read titleRead full title
Published on LexisPSL on 22/08/2017

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

  • Does a defendant have to pay fixed commencement costs and the issue fee if the debt is paid between the issue and service of proceedings?

Does a defendant have to pay fixed commencement costs and the issue fee if the debt is paid between the issue and service of proceedings?

Once proceedings have started, section 51(1) of the Senior Courts Act 1981 applies. The effect of this is that, subject to any rules of court, the costs of and incidental to the proceedings are within the court’s discretion.

Pursuant to CPR 7.2, proceedings are commenced for the purposes of the CPR and associated costs and procedural rules upon issue of the claim form. For further details, see: Starting a claim or counterclaim—overview.

If the only claim is for a specified sum of money and the defendant pays the money claimed within 14 days after being served with the particulars of claim and the fixed commencement costs stated in the claim form, the defendant will not be liable for any

Related documents:

Popular documents