CPR Part 8 Procedure 100321 PDF

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Civil Litigation Q & A...

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CPR PART 6 & 7 SERVICE OF DOCUMENTS & HOW TO START PROCEEDINGS

CPR Part 6 SERVICE OF DOCUMENTS rules about service apply generally

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Types of claim in which Part 8 procedure may be followed

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Contents of the claim form

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Issue of claim form without naming defendants

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Acknowledgme nt of service

CPR 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 – (a) he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; or (b) paragraph (6) applies. (2A) In the County Court, a claim under the Part 8 procedure may be made at any County Court hearing centre unless an enactment, rule or practice direction provides otherwise. (Practice Direction 8A includes further direction in respect of claims which are not made at the appropriate County Court hearing centre in the first instance. (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 – (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 the 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.) CPR 6.2 8.2 Where the claimant uses the Part 8 procedure the claim form must state – (a) that this Part applies; (b) (i) the question which the claimant wants the court to decide; or (ii) the remedy which the claimant is seeking and the legal basis for the claim to that remedy; (c) if the claim is being made under an enactment, what that enactment is; (d) if the claimant is claiming in a representative capacity, what that capacity is; and (e) 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) CPR 8.2A (1) A practice direction may set out circumstances in which a claim form may be issued under this Part without naming a defendant. (2) 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. (3) The application notice for permission – (a) need not be served on any other person; and (b) 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. CPR 8.3 (1) The defendant must – (a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and (b) serve the acknowledgment of service on the claimant and any other party. (2) The acknowledgment of service must state – (a) whether the defendant contests the claim; and (b) 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 – (a) rule 10.3(2) (exceptions to the period for filing an acknowledgment of service); and (b) rule 10.5 (contents of acknowledgment of service). (4) Omitted

CPR PART 6 & 7 SERVICE OF DOCUMENTS & HOW TO START PROCEEDINGS

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Consequence of not filing an acknowledgmen t of service

CPR 8.4 (1) This rule applies where – (a) the defendant has failed to file an acknowledgment of service; and (b) 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.

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Filing and serving written evidence

CPR 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.

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Evidence – general

CPR 8.6 (1) No written evidence may be relied on at the hearing of the claim unless – (a) it has been served in accordance with rule 8.5; or (b) 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)

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Procedure where defendant objects to use of the Part 8 procedure

CPR 8.8 (1) Where the defendant contends that the Part 8 procedure should not be used because – (a) there is a substantial dispute of fact; and (b) 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)

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Modifications to the general rules

CPR 8.9 Where the Part 8 procedure is followed – (a) 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 – (i) Part 16 (statements of case) does not apply; (ii) Part 15 (defence and reply) does not apply; (iii) any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply; (iv) the requirement under rule 7.8 to serve on the defendant a form for defending the claim does not apply; (b) the claimant may not obtain judgment by request on an admission and therefore – (i) rules 14.4 to 14.7 do not apply; and (ii) the requirement under rule 7.8 to serve on the defendant a form for admitting the claim

CPR PART 6 & 7 SERVICE OF DOCUMENTS & HOW TO START PROCEEDINGS

does not apply; and (c) the claim shall be treated as allocated to the multi-track and therefore Part 26 does not apply.

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PD 8A – GENERAL PROVISIONS APPLICABLE TO PART 8 CLAIMS

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PD 8A

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PD 8A

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PD 8A

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Personal service

6.22 (1) Where required by another Part, any other enactment, a practice direction or a court order, a document must be served personally. (2) In other cases, a document may be served personally except – (a) where the party to be served has given an address for service under rule 6.23; or (b) in any proceedings by or against the Crown. (3) A document may be served personally as if the document were a claim form in accordance with rule 6.5(3). (For service out of the jurisdiction see rules 6.40 to 6.47.)

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Service on children and protected parties

6.25 (1) An application for an order appointing a litigation friend where a child or protected party has no litigation friend must be served in accordance with rule 21.8(1) and (2). (2) Any other document which would otherwise be served on a child or a protected party must be served on the litigation friend conducting the proceedings on behalf of the child or protected party. (3) The court may make an order permitting a document to be served on the child or protected party or on some person other than the person specified in rule 21.8 or paragraph (2). (4) An application for an order under paragraph (3) may be made without notice. (5) The court may order that, although a document has been sent or given to someone other than the person specified in rule 21.8 or paragraph (2), the document is to be treated as if it had been properly served. (6) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.

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Deemed Service

CPR 6.26 A document, other than a claim form, served within the United Kingdom in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table –

3.1 The types of claim for which the Part 8 procedure may be used include – (1) a claim by or against a child or protected party, as defined in rule 21.1(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; or (2) a claim for provisional damages which has been settled before the commencement of proceedings and the sole purpose of the claim is to obtain a consent judgment.

3.2 (1) The Part 8 procedure must be used for those claims, petitions and applications listed in the table in Section B. (2) Where a claim is listed in the table in Section B and is identified as a claim to which particular provisions of Section C apply, the Part 8 procedure shall apply subject to the additions and modifications set out in the relevant paragraphs in Section C.

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PD 8A

3.3 The Part 8 procedure must also be used for any claim or application in relation to which an Act, rule or practice direction provides that the claim or application is brought by originating summons, originating motion or originating application. 3.4 Where it appears to a court officer that a claimant is using the Part 8 procedure inappropriately, he may refer the claim to a judge for the judge to consider the point.. CPR 6.21 (1) 3.5 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 will allocate the claim to a track and give such directions as it considers appropriate.

Method of service

Deemed date of service

1. First class post (or other service which provides for delivery on the next business day)

The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or

CPR PART 6 & 7 SERVICE OF DOCUMENTS & HOW TO START PROCEEDINGS

if not, the next business day after that day.

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Service by an alternative method or at an alternative place How to start proceedings

Right to use one claim form to start two or more claims Particulars of claim

2. Document exchange

The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.

3. Delivering the document to or leaving it at a permitted address

If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day.

4. Fax

If the transmission of the fax is completed on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was transmitted.

5. Other electronic method

If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent.

6. Personal service

If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day.

CPR 6.27 Rule 6.15 applies to any document in the proceedings as it applies to a claim form and reference to the defendant in that rule is modified accordingly.

CPR 7.2 (1) Proceedings are started when the court issues a claim form at the request of the claimant. (2) A claim form is issued on the date entered on the form by the court. (A person who seeks a remedy from the court before proceedings are started or in relation to proceedings which are taking place, or will take place, in another jurisdiction must make an application under Part 23) (Part 16 sets out what the claim form must include) (Omitted) (Omitted) 7.2A Practice Direction 7A makes provision for procedures to be followed when claims are brought by or against a partnership within the jurisdiction. CPR 7.3 A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings. CPR 7.4 (1) Particulars of claim must – (a) be contained in or served with the claim form; or (b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form. (2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form. (Rule 7.5 sets out the latest time for serving a claim form) (3) Where the claimant serves particulars of claim, then unless a copy of the particulars has already been filed, the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where – (a) paragraph 5.2(4) of Practice Direction 7C applies; or (b) paragraph 6.4 of Practice Direction 7E applies. (Part 16 sets out what the particulars of claim must include) (Part 22 requires particulars of claim to be verified by a statement of truth)

CPR PART 6 & 7 SERVICE OF DOCUMENTS & HOW TO START PROCEEDINGS

Service of a claim form

CPR 7.5 (1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form. See CPR 7.5

Method of service

Step required

First class post, document exchange or other service which provides for delivery on the next business day

Posting, leaving with, delivering to or collection by the relevant service provider

Delivery of the document to or leaving it at the relevant place

Delivering to or leaving the document at the relevant place

Personal service under rule 6.5

Completing the relevant step required by rule 6.5(3)

Fax

Completing the transmission of the fax

Other electronic method

Sending the e-mail or other electronic transmission

(2) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue....