Q&As

In circumstances where a claim has commenced under Part 7, in relation to a claim for declaratory relief and an injunction but the claim for the injunction is now being dropped, is a claimant required to proceed the claim for declaratory relief under Part 8?

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Published on LexisPSL on 24/02/2016

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

  • In circumstances where a claim has commenced under Part 7, in relation to a claim for declaratory relief and an injunction but the claim for the injunction is now being dropped, is a claimant required to proceed the claim for declaratory relief under Part 8?

In circumstances where a claim has commenced under Part 7, in relation to a claim for declaratory relief and an injunction but the claim for the injunction is now being dropped, is a claimant required to proceed the claim for declaratory relief under Part 8?

CPR 8 provides a simpler regime for 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.

CPR 8 is generally used for resolving claims that do not involve a substantial dispute of fact and in particular, CPR PD

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