header-logo header-logo

The dreaded strike out

29 November 2013
Issue: 7586 / Categories: Case law , Judicial line , In Court
printer mail-detail

The notice of proposed allocation to track requires payment of the allocation fee...

The notice of proposed allocation to track requires payment of the allocation fee by a specified date and goes on to state: “Following further notice, if the allocation fee is not paid by the due date, the claim will be automatically struck out.” What does this mean? Must the court send out another notice before the strike out occurs and, if so, what is this notice?

The procedure is governed by CPR r 3.7. There are two stages. By its notice of allocation the court requires payment of the fee by a specific date. If the fee is still outstanding at that date the court will send out a further notice which will demand payment by a later date and warn of the consequence of non-compliance, namely that the claim (or counterclaim as the case may be) will stand automatically struck out. This is the “further notice” mentioned in the question. The only salvation for the defaulting party would then be to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll