> ### CIVIL PROCEDURE RULES

> ### PART 8 ALTERNATIVE PROCEDURE FOR CLAIMS

> ### See also Practice Direction 8, Practice Direction 8B

> ### CONTENTS OF THIS PART

> Types of claim in which Part 8 procedure may be followed | Rule 8.1
> Contents of the claim form | Rule 8.2
> Acknowledgment of service | Rule 8.3
> Consequence of not filing an acknowledgment of service | Rule 8.4
> Filing and serving written evidence | Rule 8.5
> Evidence - general | Rule 8.6
> Part 20 claims | Rule 8.7
> Procedure where defendant objects to use of Part 8 procedure | Rule 8.8
> Modifications to the general rules | Rule 8.9

> ### TYPES OF CLAIM IN WHICH PART 8 PROCEDURE MAY BE FOLLOWED

> 8.1 | (1) | The Part 8 procedure is the procedure set out in this Part.
> | (2) | A claimant may use the Part 8 procedure where - he seeks the court's decision on a question which is unlikely to involve a substantial dispute of fact; or paragraph (6) applies.
> | (3) | The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate.
> | (4) | Paragraph (2) does not apply if a practice direction provides that the Part 8 procedure may not be used in relation to the type of claim in question.
> | (5) | Where the claimant uses the Part 8 procedure he may not obtain default judgment under Part 12.
> | (6) | A rule or practice direction may, in relation to a specified type of proceedings - require or permit the use of the Part 8 procedure; and disapply or modify any of the rules set out in this Part as they apply to those proceedings.
> | (Rule 8.9 provides for other modifications to the general rules where the Part 8 procedure is being used)

> ### CONTENTS OF THE CLAIM FORM

> 8.2 | Where the claimant uses the Part 8 procedure the claim form must state -
> |  | that this Part applies; (i) 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; if the claim is being made under an enactment, what that enactment is; if the claimant is claiming in a representative capacity, what that capacity is; and if the defendant is sued in a representative capacity, what that capacity is.
> | (Part 22 provides for the claim form to be verified by a statement of truth) (Rule 7.5 provides for service of the claim form)

> ### ISSUE OF CLAIM FORM WITHOUT NAMING DEFENDANTS

> 8.2A | (1) | A practice direction may set out the circumstances in which the court may give permission for a claim form to be issued under this Part without naming a defendant.
> | (2) | An application for permission must be made by application notice before the claim form is issued.
> | (3) | The application notice for permission – need not be served on any other person; and must be accompanied by a copy of the claim form that the applicant proposes to issue.
> | (4) | Where the court gives permission it will give directions about the future management of the claim.

> ### ACKNOWLEDGMENT OF SERVICE

> 8.3 | (1) | The defendant must - file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and serve the acknowledgment of service on the claimant and any other party.
> | (2) | The acknowledgment of service must state - whether the defendant contests the claim; and if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.
> | (3) | The following rules of Part 10 (acknowledgment of service) apply - rule 10.3(2) (exceptions to the period for filing an acknowledgment of service); and rule 10.5 (contents of acknowledgment of service).
> | (4) | Part 11 (disputing the court's jurisdiction) applies subject to the modification that in rule 11(4)(a) and (5)(b) (time limit for application disputing court's jurisdiction) references to the period for filing a defence are treated as if they were references to a period of 14 days from the filing of an acknowledgment of service.

> ### CONSEQUENCE OF NOT FILING AN ACKNOWLEDGMENT OF SERVICE

> 8.4 | (1) | This rule applies where - the defendant has failed to file an acknowledgment of service; and the time period for doing so has expired.
> | (2) | The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.

> ### FILING AND SERVING WRITTEN EVIDENCE

> 8.5 | (1) | The claimant must file any written evidence on which he intends to rely when he files his claim form.
> | (2) | The claimant's evidence must be served on the defendant with the claim form.
> | (3) | A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service.
> | (4) | If he does so, he must also, at the same time, serve a copy of his evidence on the other parties.
> | (5) | The claimant may, within 14 days of service of the defendant's evidence on him, file further written evidence in reply.
> | (6) | If he does so, he must also, within the same time limit, serve a copy of his evidence on the other parties.
> | (7) | The claimant may rely on the matters set out in his claim form as evidence under this rule if the claim form is verified by a statement of truth.

> ### EVIDENCE - GENERAL

> 8.6 | (1) | No written evidence may be relied on at the hearing of the claim unless - it has been served in accordance with rule 8.5; or the court gives permission.
> | (2) | The court may require or permit a party to give oral evidence at the hearing.
> | (3) | The court may give directions requiring the attendance for cross-examination (GL) of a witness who has given written evidence.
> | (Rule 32.1 contains a general power for the court to control evidence)

> ### PART 20 CLAIMS

> 8.7 | Where the Part 8 procedure is used, Part 20 (counterclaims and other additional claims) applies except that a party may not make a Part 20 claim (as defined by rule 20.2) without the court's permission.

> ### PROCEDURE WHERE DEFENDANT OBJECTS TO USE OF THE PART 8

> ### PROCEDURE

> 8.8 | (1) | Where the defendant contends that the Part 8 procedure should not be used because - there is a substantial dispute of fact; and 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.
> | (Rule 8.5 requires a defendant who wishes to rely on written evidence to file it when he files his acknowledgment of service)
> | (2) | When the court receives the acknowledgment of service and any written evidence it will give directions as to the future management of the case.
> | (Rule 8.1(3) allows the court to make an order that the claim continue as if the claimant had not used the Part 8 procedure)

> ### MODIFICATIONS TO THE GENERAL RULES

> 8.9 | Where the Part 8 procedure is followed -
> |  | 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 - Part 16 (statements of case) does not apply; Part 15 (defence and reply) does not apply; any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply; the requirement under rule 7.8 to serve on the defendant a form for defending the claim does not apply; the claimant may not obtain judgment by request on an admission and therefore - rules 14.4 to 14.7 do not apply; and the requirement under rule 7.8 to serve on the defendant a form for admitting the claim does not apply; and the claim shall be treated as allocated to the multi-track and therefore Part 26 does not apply.

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