How to transfer CPR 8 proceedings to CPRpart 7

[mike howie]

Hi Guys,

 

Can anybody tell me how to make an application to transfer procedings started in CPR 8 to main stream CPR part 7, What application form or form of words should I use ? Do I need the court's permission?

what happens of court refuses permission to transfer?

[mjt2013]

CPR 8.1(3) gives the court the power to change from Part 8 to Part 7.

 

I'm not sure why you would need to do this though, what are the facts here? I can't imagine there are many cases where it's necessary to formally change.

[mike howie]

There is the need to introduce experts evidence and feel witness statements are ot best suited to getting full disclosure , facts are growing into disputed items so rather tahn narrow issues , the isssues are growing and need to be fully aired.

 

looking to undertsand how to drive the change rather than simply be led by court.

 

What would prevent the courts power under CPR 8.1(3)?

[mike howie]

Can anyone provide any recent case law with energy companies

 

There is a well known one Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46.

 

does anyone know of any others?

[steampowered]

Why was this claim issued under Part 8 in the first place? Impossible to advise without a little bit of context.

[mike howie]

Hi ladies and Gents,

 

Can anyone conform if part 7 pleadings need a statement of truth include at the end of the pleadings or are statements of truth only for witness statements.?

Can anyone help?

[honeybee13]

Hello there.

 

This is the case of the lady who claimed for her time, isn't it? Case law is quite a wide definition, please could you tell us what type of cases you're looking for?

 

HB

[mike howie]

Hello there.

 

This is the case of the lady who claimed for her time, isn't it? Case law is quite a wide definition, please could you tell us what type of cases you're looking for?

 

HB

Hi honeybee ,

yes but also claimed for intentional distress as well, harassment.

 

There is a case Norweb Plc -v- Dixon [1995] 1 WLR 636 but cannot find any legal case law on it. Does someone have a link to the proceedings?

 

But I am generally looking for similar of other cases of loss and or harassment or breach of contract via non performance etc. So my query is quite broad.

Thanks

[Ganymede]

Yes you need to sign a Statement of Truth on both the Claim Form and Particulars of Claim.

[Ganymede]

Why was this claim issued under Part 8 in the first place? Impossible to advise without a little bit of context.

 

 

 

I agree. It seems a little odd.

[Ganymede]

Is this all to do with the other 3 threads you've made?

 

You should really keep everything to on thread and not start a new one for each question you have.

[mike howie]

I agree. It seems a little odd.

 

Would the following do, or is there a better way to express the request to the court?

"In accordance with CPR rule 8.1(3) The Claimant seeks the court leave/permission to transfer the matter to CPR part 7.Claim."

Anyone care to comment

[andydd]

Has it been allocated to track yet ?, I wonder if there could be any costs consequences ?

[steampowered]

You need to attach a witness statement explaining the reasons.

[Ganymede]

I think the OP needs to make a formal application using form N244 and pay the fee of £80.00.

 

 

Why was it started as a Part 8 in the first place?

[mike howie]

I think the OP needs to make a formal application using form N244 and pay the fee of £80.00.

 

 

Why was it started as a Part 8 in the first place?

 

 

Thanks guys.

 

So as i understand it guys

1. N244 application + £80.00fee

2. Attached order along the lines " In accordance with the courts power pursuant to CPR rule 8.1(3) t he Claimant seeks the court leave/permission to transfer the matter to CPR part 7.Claim."

3. Witness statement basically asking for the words in the order

4. In addition Witness statement to provide explanation behind the request.

5. witness statement must have a truth statement. be dated and signed

What about agreeing with other party?

How likely will court agree to the transfer? In other words what objections would the ourt have

to prevent?

Possible costs in the matter?

Anything else I may be missing?

[Ganymede]

It's impossible to say unless you will tell us why you started Part 8 proceedings originally?

[mjt2013]

Yes, I don't really understand why the OP isn't prepared to answer that question but it must be understood that no actual case specific advice can be given without it.

[honeybee13]

Multiple threads on the same topic merged into this one.

 

HB