CPR Part 8 claims (alternative procedure for claims)
CPR Part 8 claims (alternative procedure for claims)

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • CPR Part 8 claims (alternative procedure for claims)
  • What is a Part 8 claim?
  • When will the Part 8 procedure be appropriate?
  • When will the Part 8 procedure be appropriate—adjudication claims
  • When will the Part 8 procedure be appropriate—injunctive relief
  • Alternative procedure for statutory review of certain planning matters
  • What CPR rules do not apply to Part 8 claims?
  • Starting a Part 8 claim—documents and fees
  • Starting a claim in the County Court
  • Notice of funding
  • More...

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

What is a Part 8 claim?

A Part 8 claim is a claim brought in accordance with CPR 8, as opposed to CPR 7. For detailed guidance on bringing claims under CPR 7, see Practice Notes: Claim form—the contents, Claim form—filing and issuing and Drafting the particulars of claim and reply.

CPR 8 provides a simpler regime for bringing and managing claims than CPR 7. This is because no defence is required, there is no track allocation and a hearing is usually fixed when the defendant acknowledges service. In addition, it does not require the level of information exchange needed in other claims such as disclosure, witnesses of fact and expert evidence. Further, it is common for there to be no oral evidence at trial.

When commencing a Part 8 claim you should always check whether any special provisions apply to the claim you are bringing as these can result in the procedure varying from that set out in Part 8 itself (CPR 8.1(6)). The special provisions and the resultant variations are set out at CPR PD 8A, para 10.1 (section C). You should also be aware that a

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