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A Court User's Guide to the
Civil Justice Reforms
Flowchart 5
Objection to determination
and redetermination
CPR Part 14 rule 14.13
Determination of rate of payment
In deciding the time and rate of payment the court considers:
- defendant's statement of means
- claimant's objections to defendant's proposal for payment
- any other relevant factors
The time and rate of payment may be decided:
- by a judge with or without a hearing
- a court officer without a hearing provided that the claim is only for a specified amount and the
balance remaining is not more than 50,000 (including costs)
Automatic transfer
Claim may be automatically transferred if for specified amount and defendant is an individual where
- determination is to be by a judge at a hearing or
- a party applies for re-determination (whether original determination made by a court officer
or a judge)
Re-determination
Where a decision has been made without a hearing whether by a court officer or a judge, a party may
apply for the decision to be re-determined by a judge.
If the original decision was made by:
- a judge the re-determination must be made at a hearing unless the parties agree otherwise
- a court officer, the re-determination may take place without a hearing unless a hearing is
requested