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Part 8 Notes

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This is an extract of our Part 8 document, which we sell as part of our BPTC Civil Ligitation Notes collection written by the top tier of City Law School students.

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CPR Part 8, Alternative procedure for claims [notes intermingled with PD8A paras 3 & 7]]

8.1, Types of claim in which Part 8 procedure MAY be followed
-A C MAY use the Part 8 procedure where:
o (a) he seeks the court's decision on a question which is unlikely to involve a substantial dispute of fact

OR
o (b) where a rule/PD requires or permits Part 8 procedure re a specified type of proceeding]]. [[See PD8A, includes:
-settlement by/against child/protected party
-& settlement of provisional damages]]
-In the County Court, a claim under Part 8 procedure may be made at any County
Court hearing centre unless an enactment, rule or PD provides otherwise.
o [[PD 8A includes further direction re claims which are not made at the appropriate County Court hearing centre in the first instance]].
-The court may at any stage order the claim to continue as if the C had not used the
Part 8 procedure; and, if it does so, the court will allocate the claim to a track, and give any directions it considers appropriate.
-Para (2) [[ability to use Part 8 procedure]] does NOT apply if: a PD provides that the
Part 8 procedure may not be used re the type of claim in question.
-Where C uses Part 8 procedure, he may not obtain default judgment under Part 12.
-A rule or PD may, in relation to a specified type of proceedings:
o (a) require or permit the use of the Part 8 procedure; and

(b) 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 Part 8 procedure is being used]].
-[[Part 78 provides procedures for European orders for payment and for the
European small claims procedure. It also provides procedures for applications for mediation settlement enforcement orders in relation to certain cross-border disputes]].
-PD8A, 3.4: Where it appears to a court officer that a C is using the Part 8 procedure inappropriately: he may refer the claim to a judge to consider the point.
PD 8A Para 3, Types of claim in which Part 8 procedure MAY be used
Part 8 procedure may be used in:

1. From CPR r8.1: where (a) seeks decision on a question unlikely to involve a substantial dispute of fact; (b) required or permitted by a rule or PD]].

2. a claim by or against a child or protected party, as defined by rule 21.2(2), which has been settled before the commencement of proceedings AND the sole purpose of the claim is to obtain the approval of the court to the settlement.

3. A claim for provisional damages which has been settled before the commencement of proceedings and the sole purpose of claim is to obtain a consent judgment.

4. Those listed in table in Section B

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