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Hello, this is Jim and we spoke previously.
The N161 is an appeal form - used when you allege the judge was wrong on either a point of law or procedure. You could use that if the judge made an error and it should have been Part 7 and not 8. You would need to ask permission to appeal though and if permission is given, the appeal can progress. The fee is £140 for the appeal form to be lodged. An easier and quicker way would be to make an application on N244 - it may be an idea to ring the court staff (call the court, ask for the civil listing section) and ask them whether they would propose an application to change the rule which the proceedings are currently in (Part 8 to Part 7). I would say the court will confirm this - under the court's case management powers (CPR rule 3) they can change the case but generally it would need to be done via an application (or if your opponent agrees, you can both signed a consent order and lodge that at court - the court can then change to Part 7 - but if the opponent disagrees with you then you are faced with the N244 application).
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