Commencing and Responding To Proceedings (Part 8)

Question 1

When is Part 8 used?

Answer 1

When there is unlikely to be a substantial dispute of fact and where the procedure is not prohibited by the type of claim.

Question 2

Types of Part 8 claims

Answer 2

1. Claims against a child

2. To obtain a consent judgement in a claim for provisional damages which has been settled pre-action

Question 3

Procedure for Part 8

Answer 3

Issue a claim form and written evidence
Serves this to the D

C= CF + WE

D serves written evidence & acknowledgement of service

D= AS+WE within 14 days

C issues further evidence and files at court within 14 days

Without, WE C’s claim form must be verified by a statement of truth.

Part 8 must not file a DEFENCE.

Question 4

Extension of Time for the D

Answer 4

14 days after AS

28 days for the C to serve further evidence in reply

Question 5

Part 8 Rules

Answer 5

1. No defence or particulars of claim is required
2. No judgement in default
3. Normally no oral evidence
4. Claims are allocated to the multitrack