The following Construction guidance note provides comprehensive and up to date legal information covering:
Produced in association with 4 Pump Court
Before looking at the use of CPR Part 8 in relation to adjudication, a quick summary of this alternative procedure is set out below.
A claimant may use the Part 8 procedure where it seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact.
The important procedural features of Part 8 are as follows:
A claim form is issued, but without a separate particulars of claim. The claim form must state:
that it is a Part 8 claim
the question which the claimant wants the court to decide, or
the remedy which the claimant is seeking and the legal basis for the claim to that remedy, and
if the claim is being made under the Housing Grants Construction and Regeneration Act 1996 (HGCRA 1996) it must say so
The claimant must also serve all of its evidence at the same time as the claim form. The defendant does not serve a defence, instead the defendant is required to acknowledge service of the proceedings and serve any evidence in response within 14 days of service of the claim (CPR 8.5).
The defendant can object to the Part 8 procedure if it can show that there is a substantial dispute of fact (CPR 8.8), but the
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