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Issuing a Part 8 Claim


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17 June 2013

A Part 8 Claim should be issued on Form N208 along with notice of funding and evidence in support of the Claim. For non monetary Claims there is a fee of £150.00 in the County Court and £400.00 in the High Court. Part 8 Claims are usually non monetary claims.

Form N210 should be filed within 14 days to acknowledge service of a Claim Form, however, acknowledgment may be in the form of a letter. The Defendant should file and serve evidence in opposition at the same time as acknowledging service. If the Defendant fails to do this a Judgment in Default may not be filed against him but he will only be allowed to attend the Hearing of the case if permission is granted by the Court.

As with a Part 7 claims the Claim must be served within 4 months after issue within the jurisdiction and within 6 months outside of the jurisdiction.

The Claimant may file and serve evidence in reply within 14 days of service of the Defendantís evidence. Evidence is usually in the form of a Witness Statement or an Affidavit. The parties can agree on an extension of time for this of up to 14 days or longer if permission is granted by the Court.

There is no need for an allocation questionnaire in Part 8 Claims as all cases are automatically allocated to the multi-track.

Most claims are held at a hearing based on the written evidence.

By Lawdit Solicitors, Southampton.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2013-06-24 09:15:24 in Legal Articles

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