Commencing Proceedings. The Part 8 procedure

Question 1

8.1— Types of claim in which the Part 8 procedure is used

Answer 1

(1) The Part 8 procedure is the procedure set out in this Part.

(2) A claimant may, unless any enactment, rule or practice direction states otherwise, use the Part 8 procedure where they seek the court’s decision on a question which is unlikely to involve a substantial dispute of fact.

(3) In the County Court, a claim under the Part 8 procedure may be made at any County Court hearing centre unless an enactment, rule or practice direction states otherwise.
(4) The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate.

(5) Where the claimant uses the Part 8 procedure, they may not obtain default judgment under Part 12.

(6) A rule or practice direction may, in relation to a specified type of proceedings, disapply or modify any of the rules set out in this Part as they apply to those proceedings.

(Rule 8.9 provides for other modifications to the general rules where the Part 8 procedure is being used.)

Question 2

8.2 Contents of the claim form

Answer 2

Where the claimant uses the Part 8 procedure the claim form must state—

(a) that this Part applies;

(b)
(i) the question which the claimant wants the court to decide; or

(ii) the remedy which the claimant is seeking and the legal basis for the claim to that remedy;

(c) if the claim is being made under an enactment, what that enactment is;

(d) if the claimant is claiming in a representative capacity, what that capacity is; and

(e) if the defendant is sued in a representative capacity, what that capacity is.

(Part 22 provides for the claim form to be verified by a statement of truth.)

(Rule 7.5 provides for service of the claim form.)

Question 3

Rule 8.3 - Acknowledgment of service

Answer 3

(1) The defendant must—

(a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and

(b) serve the acknowledgment of service on the claimant and any other party.

(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.

(3) The following rules of Part 10 (acknowledgment of service) apply—

(a) rule 10.3(2) (exceptions to the period for filing an acknowledgment of service); and

(b) rule 10.5 (contents of acknowledgment of service).

Question 4

Rule 8.4 - Consequence of not filing an acknowledgment of service

Answer 4

(1) This rule applies where—

(a) the defendant has failed to file an acknowledgment of service; and

(b) the time period for doing so has expired.

(2) The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.

Question 5

Rule 8.5 - Filing and serving written evidence

Answer 5

(1) When the claimant files the claim form, they must also file any written evidence on which they intend to rely.

(2) The claimant must serve their written evidence on the defendant with the claim form.

(3) A defendant who wishes to rely on written evidence must file it when they file their acknowledgment of service.

(4) If they do so, they must also, at the same time, serve a copy of their evidence on the other parties.

(5) The claimant may, within 14 days of service of the defendant’s evidence on them, file further written evidence in reply.

(6) If they do so, they must also, within the same time limit, serve a copy of their evidence on the other parties.

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

(8) A party may apply to the court for an extension of time to serve and file evidence or for permission to serve and file additional evidence under rule 8.6(1).

(9) The parties may agree in writing on an extension of time of not more than 14 days for serving and filing evidence from the defendant and of not more than 28 days for serving and filing evidence in reply.

(10) Any such agreement must be filed with the court with the acknowledgement of service or, if it relates to evidence in reply, within 48 hours of the agreement.

Question 6

Rule 8.6 - Evidence—general

Answer 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.

(2) The court may require or permit a party to give oral evidence at the hearing.

(3) The court may give directions requiring the attendance for cross-examination(GL) of a witness who has given written evidence.

(Rule 32.1 contains a general power for the court to control evidence.)

Question 7

Rule 8.8 - Procedure where defendant objects to use of the Part 8 procedure

Answer 7

(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.

(Rule 8.5 requires a defendant who wishes to rely on written evidence to file it when he files his acknowledgment of service.)

(2) When the court receives the acknowledgment of service and any written evidence it will give directions as to the future management of the case.

(Rule 8.1(3) allows the court to make an order that the claim continue as if the claimant had not used the Part 8 procedure.)

Question 8

Rule 8.9 - Modifications to the general rules

Answer 8

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;

(ii) Part 15 (defence and reply) does not apply;

(iii) any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply;

(iv) the requirement under rule 7.8 to serve on the defendant a form for defending the claim does not apply;

(b) the claimant may not obtain judgment by request on an admission and therefore—

(i) rules 14.4 to 14.7 do not apply; and

(ii) the requirement under rule 7.8 to serve on the defendant a form for admitting the claim does not apply; and

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