1
Type Speaker CPD Hours Level
5 IntroductionInformation
Accreditation Information
SRA Competency B

Introduction

Part 8 proceedings may be used where there is unlikely to be a substantial dispute of fact and is often ideally suited when seeking a declaration on:

  • The construction of a contract or other document
  • A question of law
  • Whether there has been a mistake in entering into a tax scheme (such that it can be unraveled), trust or entering into another form of arrangement
  • Claims arising in connection with the administration of the estate of a deceased person, or the execution of a trust.

The material benefit of Part 8 proceedings is that they can often be resolved without the same lengthy and complicated pleadings found in Part 7 proceedings.

This virtual classroom session course will enable a practitioner to understand whether a Part 8 claim is suitable for a dispute, and all relevant issues relating to the issue of a Part 8 claim including the relevant key cases.

What You Will Learn

This live and interactive session will cover the following:

  • Who can use a Part 8 claim
  • What use is a Part 8 claim and why issue one
  • Where can you use a Part 8 claim
  • When can you use a Part 8 claim
  • Why use a Part 8 claim
  • How you use a Part 8 claim procedure
  • How much might a Part 8 claim cost
  • Part 8 claim compared to Part 7 claim proceedings
  • Types of claim in which Part 8 procedure may be used
  • Proceedings prohibiting Part 8
  • Contents of the claim form (N208)
  • Practice Directions 8A (alternative procedure for claims), 8B (low value personal injury claims in road traffic accidents), 8C (Statutory Review of certain planning matters)
  • Drafting the Part 8 claim form and supporting evidence
  • Issue of claim form
  • Acknowledgment of service
  • Defence and responding to a Part 8 claim
  • Objection to use of the Part 8 procedure
  • Filing and serving written evidence
  • Counterclaims and other additional claims
  • Disclosure (including Ball v Ball [2020])
  • Evidence
  • Oral evidence
  • Limitation of Part 8 claims
  • Effect of improper use of Part 8 Halal Meat Sellers Committee Ltd v HMC (UK) Ltd [2020]
  • Allegations of fraud and disputed issues of fact
  • Hybrid Part 8 proceedings: National Crime Agency v Leahy [2020]
  • Points of Claim and Defence
  • Remedies: Declaration, what to ask for
  • Part 8 claim form on the limitation period for service of the claim form
  • Court hearing: nature and what to expect
  • Judgment
  • Costs
  • Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.

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Learn Live | 30.09.2021

N/A | 10:00am - 4:00pm


An A to Z Introduction to Part 8 Claim Proceedings

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Sep
30
2021
 
10:00am - 4:00pm

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£540
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Discounts are available for multiple places. If you have 5 or more people interested in participating in this virtual learning session please email us at information@mblseminars.com for more information.

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