Rule 38.8 Stay of remainder of partly discontinued proceedings where costs not paidI1

England and Wales

(1)

This rule applies where—

(a)

proceedings are partly discontinued;

F1(b)

a claimant is liable to—

(i)

pay costs under rule 38.6; or

(ii)

make a payment pursuant to an order under section 194(3) of the Legal Services Act 2007; and

(c)

the claimant fails to pay those costs F2or make the payment within F314 days of—

(i)

the date on which the parties agreed the sum payable by the claimant; or

(ii)

the date on which the court ordered the costs to be paid F4or the payment to be made.

(2)

Where this rule applies, the court may stay^(GL) the remainder of the proceedings until the claimant pays the whole of the costs which F5the claimant is liable to pay under rule 38.6 F6or makes the payment pursuant to an order under section 194(3) of the Legal Services Act 2007

F7(Rules F844.9 and 46.7 contain provisions about applying for an order under section 194(3) of the Legal Services Act 2007.)

Annotations

Textual amendments

F1: Rule 38.8(1)(b) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(a)
F2: Words in rule 38.8(1)(c) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(b)(i)
F3: Word in rule 38.8(1)(c) substituted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 10 (with rule 39)
F4: Words in rule 38.8(1)(c)(ii) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(b)(ii)
F5: Words in rule 38.8(2) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(c)(i)
F6: Words in rule 38.8(2) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(c)(ii)
F7: Words in rule 38.8 inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 19(d)
F8: Words in rule 38.8 substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 15(b)

Commencement

I1: Rule 38.8 in force at 26.4.1999, see Signature