3.1

The types of claim for which the Part 8 procedure may be used include –

3.2

3.3

The Part 8 procedure must also be used for any claim or application in relation to which an Act, rule or practice direction provides that the claim or application is brought by originating summons, originating motion or originating application.

3.4

Where it appears to a court officer that a claimant is using the Part 8 procedure inappropriately, he may refer the claim to a judge for the judge to consider the point.

3.5

The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court will allocate the claim to a track and give such directions as it considers appropriate.

4.1

(2) Subject to the provisions in rule 8.1(2A), in the County Court a claim under the Part 8 procedure may be made in any County Court hearing centre. However, when a claim is given a hearing date the court may direct that proceedings should be transferred to another hearing centre if appropriate to do so. A claimant should consider the potential delay which may result if a claim is not made at the appropriate hearing centre in the first instance.

4.2

Where a claimant uses the Part 8 procedure, the claim form (practice form N208) should be used and must state the matters set out in rule 8.2 and, if rule 8.1(6) applies, must comply with the requirements of the rule or practice direction in question. In particular, the claim form must state that Part 8 applies; a Part 8 claim form means a claim form which so states.

5.1

The provisions of Part 15 (defence and reply) do not apply where the claim form is a Part 8 claim form.

5.2

Where a defendant who wishes to respond to a Part 8 claim form is required to file an acknowledgment of service, that acknowledgment of service should be in practice form N210.

5.3

Where a defendant objects to the use of the Part 8 procedure, and his statement of reasons includes matters of evidence, the acknowledgment of service must be verified by a statement of truth.

6.1

The court may give directions immediately a Part 8 claim form is issued either on the application of a party or on its own initiative. The directions may include fixing a hearing date where –

6.2

Where the court does not fix a hearing date when the claim form is issued, it will give directions for the disposal of the claim as soon as practicable after the defendant has acknowledged service of the claim form or, as the case may be, after the period for acknowledging service has expired.

6.3

Certain applications may not require a hearing.

6.4

The court may convene a directions hearing before giving directions.

7.1

A claimant must file the written evidence on which he relies when his Part 8 claim form is issued (unless the evidence is contained in the claim form itself).

7.2

Evidence will normally be in the form of a witness statement or an affidavit but a claimant may rely on the matters set out in his claim form provided that it has been verified by a statement of truth.

(For information about (1) statements of truth see Part 22 and Practice Direction 22, and (2) written evidence see Part 32 and Practice Direction 32.)

7.3

A defendant wishing to rely on written evidence, must file it with his acknowledgment of service.

7.4

A party may apply to the court for an extension of time to serve and file evidence under rule 8.5 or for permission to serve and file additional evidence under rule 8.6(1).

(For information about applications see Part 23 and Practice Direction 23A.)

7.5

8.1

The court may on the hearing date –

8.2

Case management directions may include the specific allocation of a case to a track.

8.3

CPR rules 26.5(3) and (4) and rules 26.6 to 26.10 apply to the allocation of a claim under paragraph 8.2.

9.1

The claimant must use the Part 8 procedure if the claim is listed in the table below.

9.2

Section C of this Practice Direction contains special provisions modifying the Part 8 procedure, and where it does so, those provisions should be followed. The table below refers to the relevant paragraph of Section C where it applies.

9.3

Some of the claims and applications listed in the table below are dealt with in the Schedule Rules, and those rules modify the Part 8 procedure. A cross-reference to the relevant Schedule Rule is contained in the table below.

9.4

For applications that may or must be brought in the High Court, where no other rule or practice direction assigns the application to a Division of the court, the table specifies the Division to which the application is assigned.

10.1

The following special provisions apply to the applications indicated.

10A.1

This paragraph applies to an application under section 14 of the Bills of Sale Act 1878 for an order to rectify an omission or mis-statement in relation to the registration, or renewal of the registration, of a bill of sale –

10A.2

The application must be made –

10A.3

Where the application is made by witness statement –

10A.4

The application must set out –

10A.5

The application must be made to a Master of the Queen's Bench Division and accompanied by payment of the prescribed fee.

11.1

This paragraph applies where an application is made under section 15 of the Bills of Sale Act 1878 for an order that a memorandum of satisfaction be written on a registered copy of a bill of sale.

11.2

If the person entitled to the benefit of the bill of sale has not consented to the satisfaction, the claim form –

11.3

If the person entitled to the benefit of the bill of sale has consented to the satisfaction, the application may be made by –

11.4

Where paragraph 11.3 applies and the application is made by Part 8 claim form, the claim form –

11.5

Where paragraph 11.3 applies and the application is made by witness statement –

11A.1

This paragraph applies to an application under section 16 of the Bills of Sale Act 1878 for a search of the bills of sale register and for a certificate of the results of the search.

11A.2

The application must be made –

11A.3

The application must give sufficient information to enable the relevant bill of sale to be identified.

11A.4

The application must be made to a Master of the Queen's Bench Division and accompanied by payment of the prescribed fee.

12.1

An application under the Public Trustee Act 1906 must be made –

12.2

Without prejudice to sections 10(2) and 13(7) of the Public Trustee Act 1906, the jurisdiction of the High Court under the Act is exercised by a single judge of the Chancery Division sitting in private.

12A.1

This paragraph applies to an application under section 7 of the Deeds of Arrangement Act 1914 for an order to rectify an omission or mis-statement in relation to the registration of a deed of arrangement –

12A.2

The application must be made –

12A.3

Where the application is made by witness statement –

12A.4

The application must set out –

12A.5

The application must be made to a Master of the Queen's Bench Division and accompanied by payment of the prescribed fee.

13.1

The Attorney General may determine the persons who should be made defendants to an application under section 2(3) of the Public Order Act 1936.

13.2

If the court directs an inquiry under section 2(3), it may appoint the Official Solicitor to represent any interests it considers are not sufficiently represented and ought to be represented.

14.1

Paragraphs 15.3 to 15.14 apply, with appropriate modifications, to proceedings in which jurisdiction has been conferred on the High Court by section 1 of the Railway and Canal Commission (Abolition) Act 1949, except to the extent that –

provides otherwise.

15.1

In this paragraph –

15.2

This paragraph applies where the Secretary of State refers an application to the High Court under any provision of the Act.

15.3

The Secretary of State must –

15.4

Within 10 days of receiving the notice referred to in paragraph 15.3(3), the applicant must issue a claim form.

15.5

The claim form –

15.6

Within 7 days of the claim form being issued, the applicant must –

15.7

The applicant must, not less than 2 days before the date fixed for a hearing, file at court –

15.8

At the hearing, the Master will –

15.9

Any person who wishes to oppose the application must, within the time fixed by the court under paragraph 15.8, serve notice of objection on the applicant, stating –

15.10

Any document that is required to be served on the person who has given notice of objection ('the objector') may be served by posting it to the following address –

15.11

The objector may appear, or be represented at any further hearing, and may take such part in the proceedings as the court allows.

15.12

The applicant must, not less than two days before the date set for the further hearing, file at court –

15.13

If the objector does not appear, or is not represented, at the further hearing –

15.14

At the further hearing, the court will –

15A.1

This paragraph applies to an application under article 10 of the Mortgaging of Aircraft Order 1972 for an order to amend the Register of Aircraft Mortgages.

15A.2

The application must be made by claim form under Part 8.

15A.3

Every person (other than the claimant) who appears in the register as mortgagor or mortgagee of the aircraft concerned must be made a defendant to the claim.

15A.4

A copy of the claim form must be sent to the Civil Aviation Authority.

15A.5

The application will be assigned to the Chancery Division.

15A.6

The Civil Aviation Authority is entitled to be heard in the proceedings.

15B.1

This paragraph applies to an application under section 344 of the Insolvency Act 1986 to register an assignment of book debts.

15B.2

The application must be made –

15B.3

The application must be made to a Master of the Queen’s Bench Division and accompanied by payment of the prescribed fee.

15B.4

Where the application is made by witness statement –

15B.5

The application –

15B.6

Upon the court being satisfied, the documents so exhibited will be filed and the particulars of the assignment and of the parties to it entered in the register.

16.1

An application under section 42 of the Senior Courts Act 1981 is heard and determined by a Divisional Court.

16.2

The claim form must be filed at the Administrative Court and –

17.1

17.2

When it issues the claim form, the court will fix a date for the hearing of the detailed assessment to be dealt with if the application is granted.

17.3

The returning officer may, on the application, apply to the court to examine any claim made against him in respect of matters charged in the account.

17.4

To make an application under paragraph 17.3, the returning officer must file an application within 7 days of being served with a copy of the application for detailed assessment.

17.5

When an application is filed under paragraph 17.3, the court will –

17.6

The examination and detailed assessment may take place on the same day, provided that the examination is determined before the detailed assessment is concluded.

17.7

The District Judge may hear and determine –

17.8

The court will serve a copy of the order made in the application on –

17A.1

18.1

In this paragraph –

18.2

The claim form must be filed –

18.3

Where an application is made under section 29 for an order that the functions of the nearest relative of the patient are to be exercisable by some other person –

18.4

Subject to paragraph 18.5, the court may accept as evidence of the facts relied upon in support of the application, any report made –

18.5

The respondent must be informed of the substance of any part of the report dealing with his fitness or conduct that the court considers to be material to the determination of the claim.

18.6

An application under Part II shall be heard in private unless the court orders otherwise.

18.7

The judge may, for the purpose of determining the application, interview the patient. The interview may take place in the presence of, or separately from, the parties. The interview may be conducted elsewhere than at the court. Alternatively, the judge may direct the District Judge to interview the patient and report to the judge in writing.

19.1

An application under section 13 of the Coroners Act 1988 is heard and determined by a Divisional Court.

19.2

The application must, unless made by the Attorney General, be accompanied by the Attorney General’s fiat.

19.3

The claim form must –

20.1

This paragraph relates to applications under –

20.2

An injunction may be granted under those sections against a person whose identity is unknown to the applicant.

20.3

In this paragraph, an injunction refers to an injunction under one of those sections and 'the defendant’ is the person against whom the injunction is sought.

20.4

In the claim form, the applicant must describe the defendant by reference to –

20.5

The description of the defendant under paragraph 20.4 must be sufficiently clear to enable the defendant to be served with the proceedings.

(The court has power under Part 6 to dispense with service or make an order permitting service by an alternative method or at an alternative place).

20.6

The application must be accompanied by a witness statement. The witness statement must state –

20.7

When the court issues the claim form it will –

20.8

The claim form must be served not less than 21 days before the hearing date.

20.9

Where the claimant serves the claim form, he must serve notice of the hearing date at the same time, unless the hearing date is specified in the claim form.

(CPR rules 3.1(2) (a) and (b) provide for the court to extend or shorten the time for compliance with any rule or practice direction, and to adjourn or bring forward a hearing)

20.10

The court may on the hearing date –

21.1

This paragraph applies to proceedings in the High Court under the Financial Services and Markets Act 2000.

21.2

Proceedings in the High Court under the Act (other than applications for a mandatory order) and actions for damages for breach of a statutory duty imposed by the Act shall be assigned to the Chancery Division.

21.3

Such proceedings and actions must be begun by claim form (except for applications by petition by the Financial Conduct Authority or the Prudential Regulation Authority under section 367 of the Act).

21.4

The Financial Conduct Authority or the Prudential Regulation Authority may make representations to the court where there is a question about the meaning of any rule or other instrument made by, or with the approval or consent of, the Financial Conduct Authority or the Prudential Regulation Authority.

21.5

When the court makes a voting rights suspension order under section 89NA of the Act, the Financial Conduct Authority must within 7 days, or such period as the Court may direct, serve a copy of the order on the company which issued the shares to which it relates.

24.1

This paragraph applies to proceedings under The Drug Dealing Telecommunication Restriction Orders Regulations 2017 (“the DDTRO Regulations”); and references in this paragraph to a regulation by number alone are to a regulation in the DDTRO Regulations.

24.2

An application under regulation 3(1) for a Drug Dealing Telecommunication Restriction Order (“DDTRO”) must be made at one of the following County Court hearing centres:

• Clerkenwell and Shoreditch
• Manchester
• Liverpool
• Birmingham
• Newcastle
• Bristol

24.3

The court must when it issues the claim form fix a date for hearing of the application for a DDTRO, which must unless the court orders otherwise be no later than 21 days after the date of issue.

24.4

In accordance with regulation 4(2), an application for a DDTRO must be made and heard without notice of the application or hearing having been given to an affected person or their legal representative and be heard and determined in the absence of an affected person or their legal representative.

24.5

Rule 5.4B (supply of court documents to a party) applies subject to any order made by the court under regulation 9(1) of the DDTRO Regulations.

24.6

Unless the court orders otherwise, rule 5.4C (supply of court documents to a non-party) does not apply to any proceedings to which this paragraph applies.

24.7

In accordance with regulation 9(4), an application for a non-disclosure order may be determined in advance of, or at the same time as, a DDTRO application or appeal.

24.8

In accordance with regulation 9(7), if the claimant indicates in the claim form that the claimant is also applying for a non-disclosure order under regulation 9 of the DDTRO Regulations, the claimant’s evidence in respect of the DDTRO application must not be served until the court has determined the non-disclosure application. If the non-disclosure application is not granted, the court must give the claimant an opportunity to withdraw the DDTRO application. If the non-disclosure application is not granted and the claimant withdraws the claim, then the court must return the DDTRO claim form, and any documents submitted in connection with the DDTRO application, to the claimant.

24.8

In accordance with regulation 9(7), if the claimant indicates in the claim form that the claimant is also applying for a non-disclosure order under regulation 9 of the DDTRO Regulations, the claimant’s evidence in respect of the DDTRO application must not be served until the court has determined the non-disclosure application. If the non-disclosure application is not granted, the court must give the claimant an opportunity to withdraw the DDTRO application. If the non-disclosure application is not granted and the claimant withdraws the claim, then the court must return the DDTRO claim form, and any documents submitted in connection with the DDTRO application, to the claimant.

25.1

This paragraph applies to applications which are transferred from a magistrates’ court to the High Court under Section 303R of the Proceeds of Crime Act 2002 or paragraph 10J of Schedule 1 to the Anti-terrorism Crime and Security Act 2001 (“transferred forfeiture applications”).

25.2

The Part 8 procedure applies to transferred forfeiture applications with the following modifications.

25.3

Rules 8.2 and 8.2A(2)-(4), and paragraphs 4.1, 4.2, and paragraphs 7.1 to 7.5 of this practice direction, do not apply, and—

25.4

On receipt of a transferred forfeiture application—

25.5

Rule 7.5 shall not apply and, subject to any direction made by the Court in accordance with paragraph 25.6 (or order made under rules 6.15, 6.16, 6.27 or 6.28), the claimant shall serve (in like manner as provided by Part 6 of the Rules in relation to service of claim forms or as provided by any enactment) upon the defendant the following documents within two months of the date of the order made under paragraph 25.4 (“the service period”)—

25.6

The court may extend the service period by making a direction of its own initiative or on application of any party, whether before or after the expiry of the period described in paragraph 25.5. An application for a direction to extend the service period is to be supported by evidence, with the court having a general discretion (and, for the avoidance of doubt, no sanction is imposed by paragraph 25.5), and rule 3.1(2)(a) shall apply and rules 7.6 and 7.7 shall not apply.

25.7

Rule 8.3 applies with the modification that the acknowledgment of service must be filed not more than 14 days after service of the documents listed in paragraph 25.5.

25.8

Rule 8.5 does not apply, and, except as provided by paragraphs 25.3(6) above, the parties—

25.9

Rule 8.6 applies with the modification that no written evidence may be relied on at the hearing of the claim unless—