Rule 8.9 Modifications to the general rulesI1

England and Wales

Where the Part 8 procedure is followed—

(a)

provision is made in this Part for the matters which must be stated in the claim form and the defendant is not required to file a defence and therefore—

(i)

Part 16 (statements of case) does not apply;

(ii)

Part 15 (defence and reply) does not apply;

(iii)

any time limit in these Rules which prevents the parties from taking a step before a defence is filed does not apply; and

(iv)

the requirement under rule 7.8 to serve on the defendant a form for defending the claim does not apply;

(b)

the claimant may not obtain judgment by request on an admission and therefore—

(i)

F1rule 14.2 does not apply; and

(ii)

the requirement under rule 7.8 to serve on the defendant a form for admitting the claim does not apply; and

(c)

the claim shall be treated as allocated to the multi-track and therefore Part 26 does not apply.

Annotations

Textual amendments

F1: Words in rule 8.9(b)(i) substituted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 3

Commencement

I1: Rule 8.9 in force at 26.4.1999, see Signature

Notes on Part 8

Textual amendments

F1: Words in Pt. 8 Table of Contents substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 7(1)