Part 8 Procedure Flashcards
When is Part 8 appropriate?
Where there is no substantial dispute of fact
What’s the main difference between Part 7 and 8 procedure?
There’s no statements of case in Part 8 other than the claim form
In most cases involving Part 8 procedure, the matter will be determined on-
Written evidence although a hearing may be permitted
What’s the first step in Part 8 procedure?
Filing by the claimant of the N2018 with any written evidence they intend to rely
What is the defendant’s first step in Part 8 procedure?
Filing and serving an AoF within 14 days together with any written evidence
If the defendant files evidence in response, the claimant can-
File additional evidence within 14 days
If the defendant fails to file evidence in response in Part 8, they-
Can still attend the hearing but not partake
In Part 8, the court’s permission is required-
For oral evidence