Q&As

What is the process by which a CPR Part 8 claim can be reinstated if it has been struck out?

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Produced in partnership with Daniel Laking of 39 Essex Chambers
Published on LexisPSL on 02/03/2021

The following Dispute Resolution Q&A produced in partnership with Daniel Laking of 39 Essex Chambers provides comprehensive and up to date legal information covering:

  • What is the process by which a CPR Part 8 claim can be reinstated if it has been struck out?

What is the process by which a CPR Part 8 claim can be reinstated if it has been struck out?

CPR 8 is subtitled the 'alternative procedure for claims'. There are two categories of claim whereby the Part 8 procedure is usually used. The first is where the parties are seeking a decision on a question that is unlikely to involve a substantial dispute of fact (such as the interpretation of contractual terms or questions of law), see CPR 8.1(2). The second category is where a rule or practice direction requires or permits the use of the Part 8 procedure (such as when seeking permission of the court under CPR 81 to proceed with contempt proceedings in certain situations), see CPR 8.1(6).

CPR 8.9 makes some modifications to the ‘general rules’ applicable to all claims. Among others, the defendant is not required to file a defence and therefore CPR 15 and CPR 16 do not apply, and the claim is treated as being allocated to the multi-track. Apart from where CPR 8 modifies the rules, the standard provisions apply. Therefore, the process for reinstating a claim issued under CPR 8 will be identical to that in a Part 7 claim.

The process by which a claim (brought via CPR 7 or CPR 8) can be reinstated will depend on the reasons that it was struck out and

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