Citation, Commencement, Application And The Overriding Objective
Organisation Of The Court
The Court’s Case Management Powers
How To Start Proceedings — The Claim Form
Responding To Particulars Of Claim — General
Acknowledgment Of Service
Disputing The Court’s Jurisdiction
Setting Aside Or Varying Default Judgment
Defence And Reply
Statements Of Case
Amendments To Statements Of Case
Addition And Substitution Of Parties
Counterclaims And Other Additional Claims
Statements Of Truth
General Rules About Applications For Court Orders
Interim Remedies And Security For Costs
Alternative Dispute Resolution
Production Of Documents
Witnesses, Depositions And Evidence For Other Courts
Experts And Assessors
Offers To Settle
Payments Into Court
Miscellaneous Provisions Relating To Hearings
Judgments And Orders
Change Of Legal Representative
General Rules About Costs
Procedure For Detailed Assessment Of Costs
Proceedings By Or Against The Centre, Its Bodies And The Government
General Rules About Enforcement Of Judgments And Orders
Charging Orders, Stop Orders And Stop Notices
Attachment Of Future Assets And Earnings
Execution Against Assets
Court’s Power To Appoint A Receiver
Orders To Obtain Information From Judgment Debtors
Contempt Of Court
Small Claims Tribunal
Technology And Construction Division
Non-Muslim Wills Registry
A claimant may use Part 8 procedure where:
(1) he seeks the Court ’s decision on a question which is unlikely to involve a substantial dispute of fact; or
(2) a Rule or Practice Direction in relation to a specified type of proceedings requires or permits the use of the Part 8 procedure.
Rule 8.1 does not apply if a Rule or Practice Direction provides that the Part 8 procedure may not be used in relation to the type of claim in question.
Where Part 8 procedure is followed:
(1) provision is made in this Part for the matters which must be stated in the claim form and the defendant is not required to file a defence and therefore:
(a) Part 16 (defence and reply) does not apply;
(b) Part 17 (statements of case) does not apply;
(c) any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply;
(d) the requirement under Rule 7.35 to serve on the defendant a form for defending the claim does not apply;
(2) the claimant may not obtain default judgment under Part 13.
(3) the claimant may not obtain judgment by request on an admission and therefore:
Where the claimant uses Part 8 procedure the claim form (Form P8/01) should be used and must state:
(1) that this Part applies;
(2) the question which the claimant wants the Court to decide; or the remedy which the claimant is seeking and the legal basis for the claim to that remedy;
(3) if the claim is being made under an enactment, what that enactment is;
(4) if the claimant is claiming in a representative capacity, what that capacity is; and
(5) if the defendant is sued in a representative capacity, what that capacity is.
A Practice Direction may set out circumstances in which a claim form may be issued under this Part without naming a defendant .
The Practice Direction may set out those cases in which an application for permission must be made by application notice before the claim form is issued.
The application notice for permission:
(1) need not be served on any other person; and
(2) must be accompanied by a copy of the claim form that the applicant proposes to issue.
The defendant must:
(1) file an acknowledgment of service in Form P8/02 not more than 14 days after service of the claim form; and
(2) serve the acknowledgment of service on the claimant and any other party.
The acknowledgment of service must state:
(1) whether the defendant contests the claim; and
(2) if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.
Where the defendant contends that the Part 8 procedure should not be used because:
(1) there is a substantial dispute of fact; and
(2) the use of the Part 8 procedure is not required or permitted by a Rule or Practice Direction;
he must state his reasons when he files his acknowledgment of service . If the statement of reasons includes matters of evidence, it should be verified by a statement of truth.
The Court may give directions immediately after a Part 8 claim form is issued, either on the application of a party or on its own initiative.
Where the Court does not fix a hearing date when the claim form is issued, it will give directions for the disposal of the claim as soon as practicable after the defendant has acknowledged service of the claim form or, as the case may be, after the period for acknowledging service has expired.
The claimant must file any written evidence on which he intends to rely when he files his claim form.
The claimant’s evidence must be served on the defendant with the claim form (unless the evidence is contained in the claim form itself).
Evidence will normally be in the form of a witness statement or an affidavit but a claimant may rely on the matters set out in his claim form provided that it has been verified by a statement of truth.
A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service .
If he does so, he must also, at the same time, serve a copy of his evidence on the other parties.
The claimant may, within 14 days of service of the defendant’s evidence on him, file further written evidence in reply.
If he does so, he must also, within the same time limit, serve a copy of his evidence on the other parties.
A party may apply to the court for an extension of time to serve and file evidence or for permission to serve and file additional evidence.
The parties may, subject to the following provisions, agree in writing on an extension of time for serving and filing evidence.
An agreement extending time for a defendant to file evidence:
(1) must be filed by the defendant at the same time as he files his acknowledgement of service ; and
(2) must not extend time by more than 14 days after the defendant files his acknowledgement of service .
No written evidence may be relied on at the hearing of the claim unless:
(1) it has been served in accordance with Rules 8.23 to 8.31; or
(2) the Court gives permission.
The Court may give directions requiring the attendance for cross-examination of a witness who has given written evidence.
Where Part 8 procedure is used, Part 21 (counterclaims and other additional claims ) applies except that a party may not make an additional claim (as defined by Rule 21.2) without the Court’s permission.
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