Q&As

Where the County Court has struck out a claim, what is the time limit for the claimant to apply to have the claim reinstated?

read titleRead full title
Published on LexisPSL on 06/10/2017

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

  • Where the County Court has struck out a claim, what is the time limit for the claimant to apply to have the claim reinstated?
  • Relief from Sanctions
  • Sanctions for non-payment of certain fees by the claimant

Where the County Court has struck out a claim, what is the time limit for the claimant to apply to have the claim reinstated?

It is assumed that in order to reinstate a claim at the County Court that the claim has therefore been struck out for non-payment of a fee under CPR 3.17, taking into consideration our content on relief from sanctions generally.

Relief from Sanctions

Since the introduction of the April 2013 Jackson Reforms, the courts have been particularly keen to ensure effective and efficient case and costs management, predominantly by adopting a robust attitude to case management and compliance including using their powers to:

  1. impose sanctions on parties who fail to comply with relevant rules, practice directions and court orders, and

  2. grant or refuse relief from sanctions applications under CPR 3.9

CPR 3.9 states that:

‘(1) On an application for

Popular documents