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Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.
Once proceedings are issued then the court will send you papers to allow you to respond with a defence. If the facts in the Part 8 claim are untrue, you can apply to strike out the claim though you should file a defence first of all in case the application fails for whatever reason.
Do you want the form and procedure with how to apply to strike out?
the part 8 procedure is used to ask the court for a decision in a simple dispute. No damages are usually claimed in Part 8 proceedings. Whereas they are in Part 7 proceedings.
Are you the defendant?
Yes, Part 8 is used for breach of contract cases.
Thanks, the date for filing that directions questionnaire has long passed (October 2019). Have you filed one? If a counter claim has been made against you, you need to have filed a "reply to defence and counter claim" too.
Yes, Part 8 is to be used for straight-forward cases, not complex ones. The Part 7 procedure is designed for those ones.
Are you able to upload the documents so I can see what has gone on? I can then refine my answer for you.
The directions state lists of documents are due by the 17th January. Have you done that yet?
That's good, they may ask for copies of documents which were in your form (they will send you their list of document and you can do likewise, i.e. ask them for their documents).
OK, what else would you like to know about the case?
You would need to apply to the court if you feel the procedure is the incorrect one. It means an N244 form and a fee of £255 payable to HMCTS. There are no guarantees your application would succeed and the court has already made directions in your case.
It's the N244 application and a witness statement/draft order - copies attached. You need 3 copies of the application with the fee and post it to court. A hearing will be likely when you make the application.
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