CPR 8 - Alternative procedure

Question 1

CPR 8.1 - Types of claims Part 8 applies to

Answer 1

Where there is not a substantial question or fact or Rule/PD stipulates its use.

Must also be used in claims by or against children or PP.

Question 2

CPR 8.2 - Contents of Claim Form

Answer 2

• Must state PT 8 procedure
• Question C seeks court to address or remedy sought - what remedy
• Enactment - which enactment?
• Representative - what is the capacity?

Question 3

CPR 8.3 - Acknowledgment of service

Answer 3

D must file AoS 14 days after service of CF.

AoS must state if D contests allegations and if they seek remedy - which?

Question 4

CPR 8.4 - Consequences of not filing an AoS

Answer 4

If D doesn’t file AoS and timeframe for doing so passes, D can attend hearing but cannot participate w/o court’s consent.

Question 5

CPR 8.5 - Filing and serving written evidence

Answer 5

C can file WE - must be filed with CF.

D can file WE in response - must be filed with AoS.

14 days after D files, C can respond further.

C can also rely on CF as WE.

Question 6

CPR 8.6 - Evidence in General

Answer 6

Cannot rely on written evidence at hearing unless it complies with 8.5 or have court’s permission to do so.

Court may allow oral evidence to be given and XX.

Question 7

CPR 8.8 - If D objects to Pt 8

Answer 7

If D objects - i.e. there is a substantial fact that needs to be address or rule/PD does not allow for its use, D must state the reasons for their objection in their AoS.

Question 8

CPR 8.9 - Modifications to General Rule

Answer 8

CPR 15 - Defence/Reply
CPR 16 - Statement of Case = both don’t apply.

Pt 8 = Multi-track

Question 9

PD 8A(7) - Extension to evidence

Answer 9

D’s evidence in response must be filed with AoS, must not extend time by more than 14 days after D files his AoS.

C’s evidence in reply must not extend time to more than 28 days after service of D’s evi.