Fee in lieu of Allocation Questionnaire Fee
There is no Allocation Questionnaire procedure for patent and registered design cases in the Patents Court. The Claimant simply has to take out an application for a Case Management Conference within 14 days from the service of the Defence (para 4.3 of the Practice Direction to CPR 63). But there is nothing in the rules that I have been able to find, to the effect that, having paid a fee on the Application, you do not also have to pay a fee in lieu of the Allocation Questionnaire fee under 2.1 of the Fees Order.
In this case I am afraid that you have to rely on the lore, and not the law, of the High Court. The folks who know about this in the Court Office tell me that the Allocation Questionnaire fee is simply not collected in these circumstances and no penalty attaches to the (apparent) non-compliance. In fact they clearly thought that I was a bit daft for asking and that it was clear to everyone that you don’t have to pay twice! Which I am sure is correct; it would just be nice to be able to quote you chapter and verse on the point.
As always, if anyone has comments, including any experience in practice which differs from any of the above please send me and e-mail: chris@ryanlaw.co.uk