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?

read titleRead full title

Produced in partnership with Alex Bagnall of Total ³ÉÈËÓ°Òô
Published on: 12 July 2019
imgtext

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

Alex Bagnall
Alex Bagnall

Total ³ÉÈËÓ°Òô

Alex has worked in legal costs since 2007 and qualified as a Costs Lawyer in 2014. He has served as the Technical Director of a large multi-site firm of costs draftsmen, was the Head of Commercial Litigation Costs at another national firm and was a Senior Associate at a firm of solicitors which specialised in costs litigation. He is currently the Technical Manager at Total ³ÉÈËÓ°Òô.

Alex's practice consists of complex, technical and high-value claims for costs. He appears regularly as an advocate in Courts throughout the country and has acted as an advocate in Supreme Court assessments on a number of occasions. His extensive experience includes conducting costs appeals in the Court of Appeal and the Supreme Court, costs of arbitration (including challenges to arbitrators' fees), costs disputes between solicitors and their clients and those between professional Trustees and Beneficiaries of Trusts.

Alex frequently delivers training to lawyers on costs issues and teaches a module in costs litigation as part of an SRA-regulated Professional Skills Course.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Listing definition
What does Listing mean?

The FSA has taken responsibility for the listing of companies to the ‘official list’. Inclusion in this list represents an endorsement from the FSA that the company has met minimum standards.

Read more

Popular documents

Setting aside default judgment—discretionary grounds (CPR 13.3)

Setting aside default judgment—discretionary grounds (CPR 13.3)Where a claimant has obtained judgment against a defendant who failed to file an acknowledgment of service or a defence (known as a default judgment or judgment in default), the defendant can ask the court to exercise its discretion to

Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))

Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))Under CPR 3.4(2)(c), the court may strike out a statement of case if it appears to the court that there has been a failure to comply with a rule, practice direction or court order.It is evident from this that an

Does a defendant require permission of the court to file a defence late (outside the agreed 28-day

Does a defendant require permission of the court to file a defence late (outside the agreed 28-day extension)?The general rule, set out in CPR 15.4(1) is that the period for serving a defence is:•14 days after service of the particulars of claim, or•if the defendant files an acknowledgment of

Strike out—after a strike out order has been made

Strike out—after a strike out order has been madeWhat happens after a strike out order has been made?CPR PD 3A, para 1.6 provides that where a rule, practice direction or order states ‘shall be struck out or dismissed’ or ‘will be struck out or dismissed’ this means that the striking out or