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What are Part 8 Proceedings?

Posted on Friday, 18th July 2014 by
What are part 8 proceedings?

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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.

 

Keep up to date with our daily blogs through the Edward Hands & Lewis mobile app, just search Edward Hands on the iPhone or Android store to download our app for free.

 

Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic.  The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer.  If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

 

 

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Paul Stubbs - Litigation
Paul Stubbs - Litigation
paul.s@ehlsolicitors.co.uk 01332 862 113
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