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JimLawyer
JimLawyer, Solicitor
Category: Property Law
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Experience:  Senior Associate Solicitor
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Is a part 7 claim paid with a fee of £308 a small claim? I

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Is a part 7 claim paid with a fee of £308 a small claim ?I am strugging with the defendant solicitor to get the bottom about this. They said it is Part 7 and not Part 8 (with £308 fees paid).It seems that teh judge is over looking many facts so i thought it was a part 8 claim.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

The £308 court fee is for a Part 8 claim (on form N208). Part 7 proceedings are issued for a sum of money and the court fee depends on how much is being claimed. The Part 8 procedure is normally to ask the court for a declaration a simple dispute. Part 7 proceedings can cover both damages for a sum of money in addition to a question such as breach of contract, for example.

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,

Jim

Customer: replied 5 months ago.
Well. The lawyer Sarah DAvies said me it is PArt 7. I saw no N208. The amount mentionned of £170 000 is a threat (or a joke) not really a claim. I am a LIP. Can they lie to me like this to abuse me like this! How can I complain how those abuses ?

You would need to apply to the court to strike out their case due to abuse of process. It's an application made on form N244, with a fee of £255 (recoverable from the other side if your application succeeds).

Customer: replied 5 months ago.
Would they have to use a N208 for a part 8 counter claim ? I probably can still do an apperal. Will teh judge be different with an appeal? Won't it be more logical (got no answer at all from the court!!!)

Yes, it's a Part 8 claim form and nothing else can be used. Yes, an appeal judge is always different to the first judge.

I hope I have answered your question. Let me know if anything requires clarification. In the meantime if you could either leave a star rating, or reply “yes”, I would be very grateful.

Many thanks,

Jim

JimLawyer and 2 other Property Law Specialists are ready to help you