Pockets to be emptied fast
Q CPR3.7A to 3.7AA deals with strike out for non-payment of a prescribed fee. They allow for reinstatement which is conditional on payment of the fee two days from the date of the court’s reinstatement order where the defaulting party was present or represented at the hearing. Does ‘two days from the date of the order’ mean two days from the hearing date, the date the order bears as typed by the court clerk, the date designated by the judge when formulating the order, the date the order was posted or the date the order was deemed served?
A It means two days from the date of the hearing, when the defaulting party was present or represented and so was aware of the outcome. The rule draws a distinction between that situation and the situation where there was no presence or representation. In the latter case, provision is made for time to run from the date of service of the reinstatement order.
