RASTIN RESURRECTED: DO THE NEW RULES RE-INTRODUCE AUTOMATIC STRIKING OUT?
There have been comments on Twitter, and now in the Gazette, that “automatic striking out” is being introduced by the rules coming into force on the 6th April 2017. This is true, however it is important that the rules are put in perspective. The automatic striking out occurs after a notice has been sent giving details of the fee to be paid, the date it is due and the consequences of non-payment. Further the rules make provision for those who are entitled to fee remission.
- The Court will send out a notice to the claimant when the trial date is set.
- That notice will state, the amount of the trial fee, the date it has to be paid and the consequences of non-failure.
- If the fee is not paid by the specified date then the claimant’s action is automatically struck out.
- The claimant will be liable to pay the defendant’s costs.
- Any counterclaim will continue
- If the action is, in fact, only continuing on the counterclaim then identical duties apply to the counterclaiming defendant.
Sooner or later someone is going to fall foul of this. It is clear that the court has a power to reinstate the action. It is not clear on what basis that power will be exercised, it could be that the Denton principles apply. However any resurrection of the action will be dependent upon the court fees being paid in full.