Part 8 proceedings

by Practical Law Dispute Resolution

Maintained | England, Wales

This Practice note provides an overview of Part 8 proceedings, which are an alternative to the standard Part 7 procedure for commencing proceedings in England and Wales. It explains that, in general, Part 8 claims are suitable for matters where there is unlikely to be a substantial dispute of fact. It also outlines the circumstances in which Part 8 must or may be used and highlights key modifications to the CPR in Part 8 cases, including those concerning pleadings, evidence and default judgment. The note covers the entire lifecycle of a Part 8 claim, from drafting and issuing the claim form, to the subsequent procedural steps and the final hearing. It also explores the consequences of starting proceedings under the incorrect procedure and the court's powers in such situations. For information on starting a Part 7 claim, see Practice note, Part 7 proceedings: drafting and issuing the claim form. For information on starting a counterclaim or other additional claim, see Practice note, Counterclaims, claims for contribution or indemnity and other additional claims under CPR 20.

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