Bringing and Defending Disputes. What are Part 7 Proceedings?

Disputes can vary greatly in value and complexity, and as such, the Court fee payable to initiate a claim will correlate directly with its value on a sliding scale. The Advisory and Dispute Resolution department at EHL Commercial have experience dealing with all types of claim, and can offer a review and advice in relation to individual circumstances at a fixed fee.

The most common type of proceedings brought before the Court are Part 7 proceedings. These proceedings are applicable where the Claimant seeks monetary relief only [usually an amount equal to the loss suffered as a result of the dispute]. Other types of relief, such as declarative relief, can be sought in the alternative however proceedings known as ‘Part 8’ proceedings must be issued.

As indicated above, the value of a dispute will have a direct impact on the Court fee payable to issue the claim. In addition to this, the value of the claim will also impact on whether a party can recover reasonable legal fees from the unsuccessful party [generally between 60-80% of legal costs paid]. This is dependent on which ‘track’ each case is allocated to by the Court.

Once a claim has been issued, it must be served on the Defendant in accordance with the strict rules of the Civil Procedure Rules (CPR) and the Defendant must take necessary action [namely filing the appropriate form and/or Defence with the Court and served on the Claimant] within the strict statutory time limits. Failure to do so could result in the Court entering Judgment against a Defendant and finding them liable to pay the Claimant’s Court fees and claimed amount. It is therefore imperative that legal advice is sought at the earliest opportunity should a Defendant be notified of any claim made against them. Our Advisory and Dispute Resolution Department can offer a free telephone assessment relating to your particular circumstances.

In the event that a Defendant has not taken the relevant action within the statutory time limits [and Judgment has subsequently been entered against them], we are able to assist in applying to the Court to have the Judgment ‘set aside’.

To find out more on how we can help to guide you through a dispute [whether it be commencing or defending proceedings] please do not hesitate to get in touch.  EHL Commercial

Josh Clarke
Trainee Solicitor
Advisory and Dispute Resolution