How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 7120
Experience:  Senior Associate Solicitor
Type Your Property Law Question Here...
JimLawyer is online now

How can you oppose to teh usage of teh Part 8 procedure

This answer was rated:

How can you oppose to teh usage of teh Part 8 procedure whence the facts presented are totally untrue ? What are the form ? Do you have an example ?

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?

Customer: replied 15 days ago.
I failed to have the court agreed that they are untrue. But I think I can apply that they are in dispute and so the procedure Part 7 should be use instead. How should I do ?

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?

Customer: replied 15 days ago.
I am a counter defendant. You already see counter claim (Part 8) in a previous question. They mention a loss of £170 000
Customer: replied 15 days ago.
Ity is use for a question about a repudiary breach ?
Customer: replied 15 days ago.
of a lease

Yes, Part 8 is used for breach of contract cases.

Customer: replied 15 days ago.
I am defendant of the counter claim. It is about a repudiation breach of a lease.

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.

Customer: replied 13 days ago.
I fill one but I have not oppose to teh use of Part 8 as I did not know it was part 8. Shoudl I oppose with a N244 as most the facts are dispute. I even dispute the fact they lose money
Customer: replied 13 days ago.
I read that Part 8 can not be used if there is a substential dispute of facts.
Customer: replied 13 days ago.
I have answer with a normal direction questionnaire not one specific to Part 8 (the usage to part 8) was hidden to me.

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.

Customer: replied 13 days ago.
Counterclaim - You know it already
Customer: replied 13 days ago.
I have also reduced my claim for unpaid rent to one property (I have not got any answer from teh court on this!)
Customer: replied 13 days ago.
Teh last allocation order of teh court. Please note taht the judge wanted to estmiate teh issues despite the facts that all issues were the reposibility of the tenants

The directions state lists of documents are due by the 17th January. Have you done that yet?

Customer: replied 13 days ago.
I just realise that part 8 procedure should be opposed when teh facts are dispute. Also I can't offer a Part 36 settlement as I got no figure for teh (fictitious damage) by a budget of a CCMc of 50 000 against me
Customer: replied 13 days ago.
I have done teh think due for teh 10th January only. I have sent a list to teh defendant solicitor with a form

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).

Customer: replied 13 days ago.
I recieved it.

OK, what else would you like to know about the case?

Customer: replied 13 days ago.
Teh Part 8 procedure make it impossible to settlement the case and to edge by a Part 36 to edge teh CCMC cost budget of £50 000 against me which is totally disproportionate considring teh unpaid rent amount of now £10 000
Customer: replied 13 days ago.
If it were Part 7, they woudl claim an amount for damage which would set up teh track on a small claim or fast track as tehy won't ask much damage (the events took place 5 years before I bought teh property in March 2019)
Customer: replied 13 days ago.
So, i want to contest teh use of Part 8 procedure.
Customer: replied 13 days ago.
and the track choosen. Is it with aN244, an appeal (how to appeal against a direction order).

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.


I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,


JimLawyer and other Property Law Specialists are ready to help you