# The Civil Procedure (Amendment No.2) Rules 2007, Article 4: Amendments to the Civil Procedure Rules 1998


In rule 3.7A—
(a) for paragraph (1) substitute—
“(1) This rule applies where—
(a) a defendant files a counterclaim without—
(i) payment of the fee specified by the relevant Fees Order; or
(ii) making an application for full or part remission of the fee; or
(b) the proceedings continue on the counterclaim alone and—
(i) an allocation questionnaire or a pre-trial check list (listing questionnaire) is filed without payment of the fee specified by the relevant Fees Order;
(ii) the court dispenses with the need for an allocation questionnaire or a pre-trial check list or both;
(iii) these Rules do not require an allocation questionnaire or a pre-trial checklist to be filed in relation to the claim in question; or
(iv) the fee payable for a hearing specified by the relevant Fees Order is not paid. ”;
(b) in paragraph (2), for “exemption or” substitute “full or part”;
(c) in paragraph (4)(b), for “an exemption from or” substitute “full or part”;
(d) for paragraph (5) substitute—
“(5) Where an application for—
(a) full or part remission of a fee is refused, the court will serve notice on the defendant requiring payment of the full fee by the date specified in the notice; or
(b) part remission of a fee is granted, the court will serve notice on the defendant requiring payment of the balance of the fee by the date specified in the notice.”; and
(e) in paragraph (7), for “exemption from payment or” substitute “full or part”.

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Source: https://www.legislation.gov.uk/uksi/2007/3543/article/4 (the official version)
Page: https://openlegislation.uk/civil-procedure-amendment-no2-rules-2007/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.