Most people assume proceedings are issued for the recovery of money, or compensation, when things go wrong between parties and only the Courts can be used to achieve settlement, all of which are governed by Part 7 of the Civil Procedure Rules.
Sometimes, however, parties issue proceedings for things other than monetary sums and these proceedings are known as Part 8 proceedings. These are intended to be used in claims where there is not a substantial dispute of fact and which may be resolved without the same lengthy and complicated pleadings found in Part 7 proceedings. This can often mean the proceedings are less adversarial and procedurally complicated than the more formal Part 7 proceedings.
Part 8 proceedings may be issued where a party is seeking a declaration of rights under a contract; a declaration relating to the law (where there is an issue regarding the interpretation of a statute); and a declaration of non-liability. Other cases may include costs-only proceedings, a claim for provisional damages which has settled prior to the issuing of proceedings and all that is required is Judgment from the Court, or claims brought by or against a child.
If you think you may have a Part 8 claim, or would like some advice on this, you can talk to our litigation team to discuss this further.
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