2.1 Part 8 claims

Question 1

When may Part 8 be used?

Answer 1

A claimant may use the part 8 procedure where:

CPR 8.1(2)
It seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact and

CPR 8.1(4)
where the procedure is not prohibited by the type of claim in question. Alternatively,

CPR 8.1(6)
Where a rule or practice direction permits or requires the use of part 8

Question 2

When must a Part 8 claimant file evidence?

Answer 2

CPR 8.5(1)

The claimant must file any written evidence on which he intends to rely when he files his claim form.

Question 3

When must a Part 8 claimant serve evidence?

Answer 3

CPR 8.5(2)

The claimant’s evidence must be served on the defendant with the claim form.

Question 4

When must a Part 8 defendant file and serve evidence?

Answer 4

CPR 8.5
(3)
A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service.
(4)
If he does so, he must also, at the same time, serve a copy of his evidence on the other parties.

Question 5

Does a part 8 claimant have to file and serve evidence?

Answer 5

CPR 8.5(7)
The claimant may rely on the matters set out in his claim form as evidence under this rule if the claim form is verified by a statement of truth.

Question 6

Which rules apply to the methods of serving Part 8 claim forms?

Answer 6

CPR 7.5

The same rules as when serving Part 7 claim forms.

Question 7

When must a part 8 defendant file and serve an acknowledgement of service?

Answer 7

CPR 8.3(1)
The defendant must file at court and serve on the claimant an acknowledgment of service not more than 14 days after service of the claim form. It is a different form, N210, to that used in part 7 claims.

Question 8

What must a Part 8 acknowledgement of service state?

Answer 8

CPR 8.3(2)
The acknowledgment of service must state—
(a)
whether the defendant contests the claim; and
(b)
if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.

Question 9

What are the consequences of failing to file and serve an acknowledgement of service?

Answer 9

CPR 8.4
The defendant may still attend the hearing of the claim, but may not take part in it (unless the court gives permission).

Question 10

Does a Part 8 defendant have to file a defence?

Answer 10

CPR 8.9
Where the Part 8 procedure is followed –
(a)
provision is made in this Part for the matters which must be stated in the claim form and the defendant is not required to file a defence and therefore –
(ii)
Part 15 (defence and reply) does not apply;

Question 11

Can the claimant serve further evidence after receiving the acknowledgement?

Answer 11

CPR 8.5(5) and (6)
The claimant can file and serve further evidence in reply but must do so within 14 days of service of the defendant’s evidence.

Question 12

What type of evidence is usually given in Part 8 claims?

Answer 12

8APD 7.2
Evidence will normally be in the form of a witness statement or an affidavit but a claimant may rely on the matters set out in his claim form provided that it has been verified by a statement of truth.

Question 13

What happens if one party fails to serve evidence on time?

Answer 13

CPR 8.6(1)
No written evidence may be relied on at the hearing of the claim unless—
(a)
it has been served in accordance with rule 8.5; or
(b)
the court gives permission.

Question 14

What if the parties agree for the defendant to have an extension of time for serving evidence?

Answer 14

8APD 7.5
(1)
The parties may, subject to the following provisions, agree in writing on an extension of time for serving and filing evidence under rule 8.5(3) or rule 8.5(5).
(2)
An agreement extending time for a defendant to file evidence under rule 8.5(3)-
(a)
must be filed by the defendant at the same time as he files his acknowledgement of service; and
(b)
must not extend time by more than 14 days after the defendant files his acknowledgement of service.

Question 15

What if the parties agree for the claimant to have an extension of time for serving evidence?

Answer 15

8APD 7.5
(1)
The parties may, subject to the following provisions, agree in writing on an extension of time for serving and filing evidence under rule 8.5(3) or rule 8.5(5).
(3)
An agreement extending time for a claimant to file evidence in reply under rule 8.5(5) must not extend time to more than 28 days after service of the defendant’s evidence on the claimant.

Question 16

What if one party wants an extension to file and serve evidence, but the two side cannot agree?

Answer 16

8APD 7.4
A party may apply to the court for:

An extension of time to file and serve its evidence (for example, if the parties cannot agree an extension), or
For permission to file and serve further evidence (for example, where a party needs permission to rely on evidence at the hearing under CPR 8.6 because it has not been served in accordance with CPR 8.5).

Question 17

What if the defendant objects to the use of Part 8 proceedings?

Answer 17

CPR 8.8(1)
Where the defendant contends that the Part 8 procedure should not be used because—
(a)
there is a substantial dispute of fact; and
(b)
the use of the Part 8 procedure is not required or permitted by a rule or practice direction, he must state his reasons when he files his acknowledgment of service.

Question 18

What if a court officer believes that a claimant is misusing the Part 8 procedure?

Answer 18

8APD 3.4
Where it appears to a court officer that a claimant is using the Part 8 procedure inappropriately, he may refer the claim to a judge for the judge to consider the point.

Question 19

What happens if the defendant’s objection to the Part 8 procedure succeeds?

Answer 19

CPR 8.1(3) and 8APD 3.5
The court can make an order that the claim continues as if the claimant had not used the part 8 procedure at any stage of the proceedings and, if the court does so, it will allocate the claim to a track and give directions.

Question 20

What is the role of Particulars of Claim in a part 8 claim?

Answer 20

CPR 8.9
[No particulars of claim is required.]
Where the Part 8 procedure is followed –
(a)
provision is made in this Part for the matters which must be stated in the claim form and the defendant is not required to file a defence and therefore –
(i)
Part 16 (statements of case) does not apply;

Question 21

Is judgment by default available in a Part 8 claim?

Answer 21

CPR 8.1(5)

Where the claimant uses the Part 8 procedure he may not obtain default judgment under Part 12.

Question 22

Which track are Part 8 claims allocated to?

Answer 22

CPR 8.9(c)

the claim shall be treated as allocated to the multi-track and therefore Part 26 does not apply.