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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Im being sued but as yet the claimant has not paid the fee

Resolved Question:

I'm being sued but as yet the claimant has not paid the fee for the hearing. Can I apply fo it to be struck out?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
Alex Hughes : Which fee have they not paid?
Customer:

They have issued proceedings and we have both returned the directions questionnaire. In their questionnaire they ticked the box to say they weren't enclosing payment for the hearing fee (this was at the end of May).

Customer:

WE have heard nothing further from the court. Can we ask the court to throw it out at some point? JUstice delayed is justice denied, and all that!

Alex Hughes : You should contact the court to find out whether the fee has been paid or not. If the fee has not been paid then the court has power to strike out the claim under Civil Procedure Rule 3.7 (4)(b)(i) as attached: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.7
Alex Hughes : You do not have to make an application to strike out to claim. The court has power to do this under its own case management powers.
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