The notice of proposed allocation to track requires payment of the allocation fee...
The notice of proposed allocation to track requires payment of the allocation fee by a specified date and goes on to state: “Following further notice, if the allocation fee is not paid by the due date, the claim will be automatically struck out.” What does this mean? Must the court send out another notice before the strike out occurs and, if so, what is this notice?
The procedure is governed by CPR r 3.7. There are two stages. By its notice of allocation the court requires payment of the fee by a specific date. If the fee is still outstanding at that date the court will send out a further notice which will demand payment by a later date and warn of the consequence of non-compliance, namely that the claim (or counterclaim as the case may be) will stand automatically struck out. This is the “further notice” mentioned in the question. The only salvation for the defaulting party would then be to secure relief from the strike out sanction by application on
