Part 8

Question 1

Is this normal route for claims?

Answer 1

No, this is alternative procedure for claims

Question 2

What is it?

Answer 2

Sets out the alternative procedure for claims, it’s only suitable for specific claims e.g. under 18, disabled, protected characteristic, removal of executors

Question 3

Grounds for using part 8?

Answer 3

Seeking courts decision on a question which is unlikely to involve a substantial dispute of fact

Question 4

If you’re on part 8, can you then move onto part 7 midway through proceedings?

Answer 4

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, court may give any directions it considers appropriate. What does this mean? It means there’s a substantial dispute of fact so they’re using the wrong part and should be using part 7

Question 5

Why can’t C who’s using part 8 obtain DJ under part 12?

Answer 5

This is because of modifications to the general rule (r8.9) meaning no SOC, Defence or Reply is needed.

Question 6

What must C state to the court under part 8?

Answer 6

The question which they want the court to decide or the remedy which C is seeking and the legal basis for the claim to that remedy.

Question 7

Issuing CF w/o naming the defendants (r8.2A)

Answer 7

A PD may set out circumstances in which a CF may be issued under this part w/o naming a defendant.
Example - claim regarding PI and not yet aware of who D actually is.
Another example - machine explodes and insurance has paid out X but we don’t know who the machine belongs to. Can issue CF w/o naming D

Question 8

Key points?

Answer 8

No Defence or CC in part 8 procedure - r8.7 and
Can’t be substantive dispute of fact