Part 8 Claims - An A to Z Guide in One Day

Introduction

This course will enable you to understand whether a Part 8 claim is suitable for a dispute, and all relevant issues relating to the issue of a Part 8 claim including the relevant key cases.

Each of the main areas will be considered in the context of case studies.

The material benefit of Part 8 proceedings is that they can often be resolved without the same lengthy and complicated pleadings found in Part 7 proceedings.

What You Will Learn

This seminar will cover the following:

• Part 8 claim compared to Part 7 claim proceedings
• Types of claim in which Part 8 procedure may be used
• Proceedings prohibiting Part 8
• Contents of the claim form (N208)
• Practice Directions 8A (alternative procedure for claims), 8B (low value personal injury claims in road traffic accidents), 8C (statutory review of certain planning matters)
• Drafting the Part 8 claim form and supporting evidence
• Issue of claim form
• Acknowledgment of service
• Defence and responding to a Part 8 claim
• Objection to use of the Part 8 procedure
• Filing and serving written evidence
• Counterclaims and other additional claims
• Disclosure (including Ball v Ball [2020])
• Evidence
• Oral evidence
• Limitation of Part 8 claims
• Effect of improper use of Part 8 Halal Meat Sellers Committee Ltd v HMC (UK) Ltd [2020]
• Allegations of fraud and disputed issues of fact
• Hybrid Part 8 proceedings: National Crime Agency v Leahy [2020]
• Points of Claim and Defence
• Remedies: Declaration, what to ask for
• Part 8 claim form on the limitation period for service of the claim form
• Court hearing: nature and what to expect
• Judgment
• Costs