CPR Part 8 claim

Most civil claims follow the familiar route — claim form, defence, trial. A Part 8 claim is the exception: a quicker process for questions the court can decide without a trial of disputed facts.

How do I know if my claim should be Part 8 or the normal Part 7 process?

Ask whether the other side is likely to dispute the facts. If you are simply asking the court to decide a point of interpretation, confirm a right, or give directions where the facts are not seriously in question, Part 8 fits. If you expect the defendant to contest what happened — whether a debt is owed, whether a contract was broken, how much loss you suffered — use the ordinary Part 7 process with a claim form and particulars of claim. Some claims must use Part 8 because a specific rule or practice direction requires it; most do not, and the choice is yours.

What court fee applies to a Part 8 claim?

A Part 8 claim is not a money claim, so it does not use the standard value-based fee scale that applies to claims like a simple debt claim. It falls under the separate fee category for applications and claims that are not for a specific sum of money. The exact current figure is set out in the HMCTS EX50 fees schedule on GOV.UK, which is updated periodically — check it before filing rather than relying on a figure from this page.

Can the court refuse to deal with my claim as a Part 8 claim?

Yes. Under CPR rule 8.1(3), if the court considers the use of Part 8 is inappropriate — most commonly because there turns out to be a substantial dispute of fact — it can order the claim to continue as if it had been started under Part 7, and give case management directions as if the normal claim form and defence had been used. This can add delay, so only use Part 8 where you are confident the facts are not seriously in dispute.

Do I get default judgment if the defendant does not respond to a Part 8 claim?

No. Default judgment under CPR Part 12 is not available on a Part 8 claim. If a defendant fails to file an acknowledgment of service within 14 days, they may still attend the hearing but need the court's permission to take part unless the court orders otherwise. The court still has to consider the substance of your claim before deciding the outcome — a non-response does not automatically win the case for you, unlike a straightforward money claim.

What form do I use to start a Part 8 claim?

Form N208, headed "Claim form (Part 8) — the alternative procedure for claims." The claim form itself must state that Part 8 applies and set out the question the court is being asked to decide or the remedy sought, since there is no separate particulars of claim document to follow.

Most civil claims assume there will be a dispute about what happened. Part 7, the default procedure, is built around that assumption — a claim form and particulars of claim set out what the claimant says occurred, a defence responds, and the court manages the case toward a trial where disputed facts are resolved by evidence.

Not every application to a court fits that pattern. Sometimes there is nothing factual to try — the parties agree what happened, and simply want the court to decide a question of interpretation, confirm a right, or give directions. Forcing that kind of claim through the full Part 7 machinery of statements of case, disclosure and witness evidence would be disproportionate. CPR Part 8 exists for exactly this situation: a shorter, more direct route where both sides file their evidence up front and the court decides on the papers or at a short hearing, without the usual exchange of pleadings.

Some claims are required to use Part 8 because a specific rule or practice direction says so — for example certain trustee applications for directions, or claims under particular statutes that name Part 8 as the route. Outside those required categories, a claimant who believes their claim fits the Part 8 description (no substantial dispute of fact) can choose to use it.

How the process works, and what can go wrong

• 1 Claim form N208. The claimant files a Part 8 claim form stating that Part 8 applies and setting out the question for the court or the remedy sought — there is no separate particulars of claim.
• 2 Acknowledgment of service. The defendant has 14 days to file an acknowledgment of service, and may file written evidence at the same time.
• 3 Evidence, not a defence. Rather than a defence document, both sides put in written evidence. There is no provision for default judgment, and Part 12 (default judgment) and Part 15 (defence) rules on the normal track generally do not apply.
• 4 Objection and conversion. If a defendant objects that the claim should not have used Part 8 — typically because the facts really are in dispute — the court can order the claim to continue under Part 7 instead, with directions as if the claim form and defence had been used normally.
• 5 Decision. The court decides the question or grants the remedy, often at a shorter hearing than a Part 7 trial would need, because there is no factual dispute to resolve by live evidence.

A tenants' association and a freeholder agree on every fact about a service charge dispute — what was spent, what was billed, what the lease says — but disagree about what a clause in the lease actually means: whether it allows the freeholder to charge for a particular category of works. Neither side disputes the underlying events.

Interpretation of a lease clause

None — both sides agree what happened

Appropriate procedure

Because the only question is a point of interpretation, a Part 8 claim lets the court decide it on written evidence and legal argument at a focused hearing, rather than forcing the parties through the statements-of-case process built for claims with contested facts.

Particulars of claim

Overriding objective

Civil Procedure Rules, Part 8

Civil Procedure Rules 1998, Part 8

EX50 — civil and family court fees

Form N208 — Claim form (Part 8)

CPR Part 8 Claim — Small Claims Glossary

What a CPR Part 8 claim is, when to use it instead of the normal Part 7 process, and what happens if the facts turn out to be disputed after all.