If you’re starting a civil litigation claim in England or Wales to resolve a dispute, you’ll likely come across CPR Part 7 or Part 8. These are simply the names for the court process that is followed, the required evidence, timescales and costs.
What is a CPR Part 7 Claim?
CPR Part 7 Claims are the standard route, relevant where there exists a factual dispute between parties. This could be for example a dispute over a contract breach, who is at fault in professional negligence, or a challenge to a will.
In a CPR Part 7 Claim, both sides present their version of the facts. The claimant will do this through a ‘Particulars of Claim’. The defendant will respond to this with a Defence.
Disclosure of documents and witness evidence are required and are dealt with after the Defence, as part of the work required to go to Trial, if the claim does not settle earlier.
Default judgment is also available for most Part 7 claims if the defendant fails to respond. Default Judgement is not available for probate claims.
What is a CPR Part 8 Claim?
CPR Part 8 is an alternative procedure for certain types of claims
which:
- Do not involve a substantial dispute of fact, and;
- Do not require complex statements of case.
This could be for example, for the court to make a declaration, or determine someone’s interest under a trust.
A Part 8 claim is intended to be a simpler process with a faster route to trial if the claim does not settle. A key difference from Part 7 is that you are required submit all of your key evidence at the start of the claim
There is no default judgment and no counterclaims are permitted without the court’s permission in a Part 8 Claim.
For some types of claims, Part 8 is mandatory, and for others, it is an option. For example, for an Inheritance Act 1975 Claim, a CPR Part 8 claim is always required.
How Napthens Can Support
Where a claimant has a choice of whether to use Part 7 or Part 8 for their claim, carefully considered legal advice can help you select the most suitable forum.
Choosing the correct route—Part 7 or Part 8—can impact cost, speed, and outcome. If you’re unsure which applies to your dispute, get advice early.
Use our contact form to speak with an expert.
Explore our personal litigation and contentious probate service pages for further information.
FAQs
Do I Need to Prepare Anything Differently for a CPR Part 8 Claim?
Yes. As a front loaded process, for a CPR Part 8 claim, it is key that you prepare evidential information and evidence with your solicitor.
Which is More Expensive, a Part 7 or Part 8?
CPR Part 7 Claims tend to be more complicated. There are more procedural steps to get to a trial, and thus Part 7 claims tend to generate higher costs, but the level of costs will ultimately depend on how complex each party’s case is. Thus, a Part 8 claim can end up being as expensive as a Part 7 claim.
Which is Faster, a Part 7 or Part 8?
A Part 8 is generally faster. With evidence submitted upfront, and the fact the there are more ways for the claim to be disposed of without a full trial, the process is usually less complicated, Ultimately the complexity of the issues will determine the speed at which a claim can be disposed of at court.
Can a Part 8 Claim Become a Part 7 Claim?
Yes. Upon the court’s discretion, a Part 8 Claim can become a Part 7 Claim. This tends to occur when in the process of the Part 8, it becomes apparent there this is indeed a substantial dispute about the facts relevant to the claim.
What About Parts 1 to 6 of Civil Procedure Rules?
Parts 1 to 6 of the CPR cover general procedural rules. These cover topics such as the court’s duty, case management power and other procedures. Parts 7 and 8 deal with the commencement of proceedings and therefore require deeper consideration.
Is Legal Representation Mandatory for a Part 8 Claim?
Legal representation is not mandatory for any claim, whether you are a claimant or defendant, but it is strongly recommended. You may be thinking that as lawyers, we would say that wouldn’t we? We do so because complex legal processes apply, and the gathering and presentation of relevant, admissible evidence, and careful preparation to be able to present your claim (or defend it), has a strong impact on success rate.
Veronica Howley | Legal Director
Veronica Howley is a legal director within the litigation team, based in the firm's Liverpool office.
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