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: 02 March 2021
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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

Daniel Laking
Daniel Laking

39 Essex Chambers

Daniel is a junior barrister specialising in civil claims, particularly Personal Injury and Insurance Fraud. He is frequently instructed in trials encompassing issues such as causation and low-velocity impact. He is also well-versed in the nuances surrounding litigation of civil claims, and is often called upon to provide advice and representation in detailed insurance law and procedural applications for both claimants and defendants. He has a detailed knowledge of costs law and its relation to personal injury matters, both in respect of the Fixed Costs regimes in CPR Part 45 and the subtleties of QOCS.

Daniel's paperwork practice encompasses pleadings and advices in a range of niche and unusual points relating to personal injuries law such as limitation, service and varying tortious claims. He is instructed in claims arising out of negligence by drivers, employers and occupiers, as well as broader property damage claims and claims against untraced defendants.

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Key definition:
CPR definition
What does CPR mean?

scco Guide defines this as the rules'>civil procedure rules which, supplemented by their practice directions, govern the procedure to be followed in most civil cases brought in the SCCO. The text of the CPR and the practice directions are set out in practitioner’s books such as the Civil Court Practice and may also be found on the justice.gov.uk website.

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