Part 8 Procedure

Question 1

When can a Claimant use the Part 8 procedure?

Answer 1

When she seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact

Question 2

What must be included on a Part 8 claim form?

Answer 2

1. The question that the Claimant wants the Court to decide.
2. The remedy which the claimant wants the court to decide
3. The statutory enactment (if any) that the claim refers to

Question 3

What must a defendant do when they have received the Part 8 form? (CPR 8.3)

Answer 3

File an acknowledgement of service not more than 14 days after service of the form

Question 4

What may happen if a defendant does not file an acknowledgement of service under CPR 8.4?

Answer 4

The defendant may attend the hearing but may not take part in proceedings unless the court gives permission

Question 5

What must be included in an acknowledgement of service to a Part 8 claim?

Answer 5

1. Whether the defendant contests the claim
2. Whether the defendant seeks a different remedy
3. If the defendant objects to the part 8 procedure.

Question 6

What is issuing a claim form?(CPR 7.2)

Answer 6

A claim is issued when the Court stamps it with it’s seal and adds the date

Question 7

When is a claim issued?

Answer 7

A claim is issued on the date issued by the Court (CPR 7.2)

Question 8

What does “service” mean under CPR 6?

Answer 8

Service refers to the giving the claim form to the Defendant

Question 9

Can a claimant dispose with the need to serve the claim form (7.6.4)?

Answer 9

Yes, under certain circumstances the claim form won’t need to be served.