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A Court User's Guide to the
Civil Justice Reforms
Flowchart 13A
Alternative procedure for
claims -- issue CPR Part 8
Issuing
Part 8 procedure may be used where:
- claimant seeks court's decision on a question which is unlikely to involve a substantial dispute
of fact or
- rule or practice direction requires or permits it ( rule or practice direction can be disapply or
modify any of the rules in Part 8)
Court may at any time order the claim to continue as if the claim had not been issued under Part 7,
allocating to track and giving appropriate directions for the claim to continue
CPR rules disapplied
The following Parts do not apply to claims issued under Part 8:
- Part 16 (statements of case)
- Part 15 (defence and reply)
- any time limit in CPR rules preventing parties from taking a step before a defence is filed
- the requirement to serve a defence or an admission form on the defendant
- Part 14 rule 14.4 to 14.7 (judgment on admissions)
- Part 26 (allocation questionnaires) as claim treated as allocated to the multi-track
Written evidence
Claimant must file any written evidence on which relies with the claim form for service with it
No written evidence (claimant or defendant) may be relied on at the hearing unless it was filed at the
court and served on the other party(ies) or the court has given permission
Case management directions/hearings
Court may give case management directions immediately on issue (either on application by a party or
of its own initiative)
the directions may include a final hearing date:
- where there is no dispute (child or patient settlements) or
- where there may be a dispute but a date could conveniently be given (claims for mortgage possession or appointment of trustees)
some claims, such as certain applications under the Landlord and Tenant Act may not need a hearing
date
If a hearing date is not fixed on issue, the court will give directions for the disposal of the claim as soon
as practicable after acknowledgment of service is filed (or expiry of time for filing it) or may order a
directions hearing