Q&As

If the defendant to a Part 8 debt recovery claim pays the sums claimed after proceedings have been issued but before they have been served, how will the claimants costs be dealt with? Would the claimant lose the ability to recover solicitors costs and court fees?

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Published on LexisPSL on 18/01/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • If the defendant to a Part 8 debt recovery claim pays the sums claimed after proceedings have been issued but before they have been served, how will the claimants costs be dealt with? Would the claimant lose the ability to recover solicitors costs and court fees?
  • Rules governing Part 7 and Part 8 claims
  • Ability to recover costs

If the defendant to a Part 8 debt recovery claim pays the sums claimed after proceedings have been issued but before they have been served, how will the claimants costs be dealt with? Would the claimant lose the ability to recover solicitors costs and court fees?

Rules governing Part 7 and Part 8 claims

In answer to this question, it is first important to note that when issuing a Part 8 claim a number of the Civil Procedure Rules for Part 7 claims apply equally to Part 8 claims. This is set out in CPR PD 8A, para 4.1 which provides that:

‘Part 7 and Practice Direction 7A contain a number of rules and directions applicable to all claims, including those to which Part 8 applies. Those rules and directions should be applied where appropriate.’

For further guidance on Part 8 claims generally, see Practice Note: CPR Part 8 claims (alternative procedure for

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