Q&As

Where the court has struck out a claim for failure to pay the listing fee, is failure to pay a listing fee trivial if relief from sanctions is sought, and where the strike out order is silent as to costs, is the claimant automatically liable to pay the defendant’s costs?

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Produced in partnership with Alex Bagnall of Total Legal Solutions
Published on LexisPSL on 12/07/2019

The following Dispute Resolution Q&A produced in partnership with Alex Bagnall of Total Legal Solutions provides comprehensive and up to date legal information covering:

  • Where the court has struck out a claim for failure to pay the listing fee, is failure to pay a listing fee trivial if relief from sanctions is sought, and where the strike out order is silent as to costs, is the claimant automatically liable to pay the defendant’s costs?

Where the court has struck out a claim for failure to pay the listing fee, is failure to pay a listing fee trivial if relief from sanctions is sought, and where the strike out order is silent as to costs, is the claimant automatically liable to pay the defendant’s costs?

This Q&A assumes that the court has served a notice requiring the hearing fee to be paid by a specified date, failing which the claim will be automatically be struck out without further order of the court and the claimant will be liable for the costs that the defendant has incurred.

CPR 3.7 provides that, where the claimant has not paid a hearing fee, the court will serve a notice on the claimant requiring payment of the fee by a specified date, failing which:

  1. the claim will automatically be struck out without further order of the court, and

  2. the claimant will be liable for the costs that the defendant has incurred unless the court orders otherwise

CPR 44.9 provides that, where a right to costs arises under CPR 3.7, a costs order will be deemed to have been made in the defendant’s favour. The defendant can therefore commence detailed assessment proceedings without further order of the court.

The striking-out of the claim is a sanction and, as such, the claimant may apply to be relieved from that sanction

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