The Civil Procedure (Amendment No. 2) Rules 2022

Amendment of Part 8

9.—(1) For rule 8.1 substitute—

“Types of claim in which the Part 8 procedure is used

8.1.— (1) The Part 8 procedure is the procedure set out in this Part.

(2) A claimant may, unless any enactment, rule or practice direction states otherwise, use the Part 8 procedure where they seek the court’s decision on a question which is unlikely to involve a substantial dispute of fact.

(3) In the County Court, a claim under the Part 8 procedure may be made at any County Court hearing centre unless an enactment, rule or practice direction states otherwise.

(4) The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate.

(5) Where the claimant uses the Part 8 procedure, they may not obtain default judgment under Part 12.

(6) A rule or practice direction may, in relation to a specified type of proceedings, disapply or modify any of the rules set out in this Part as they apply to those proceedings.

(Rule 8.9 provides for other modifications to the general rules where the Part 8 procedure is being used.)”.

(2) For rule 8.5 substitute—

“Filing and serving written evidence

8.5.— (1) When the claimant files the claim form, they must also file any written evidence on which they intend to rely.

(2) The claimant must serve their written evidence on the defendant with the claim form.

(3) A defendant who wishes to rely on written evidence must file it when they file their acknowledgment of service.

(4) If they do so, they must also, at the same time, serve a copy of their evidence on the other parties.

(5) The claimant may, within 14 days of service of the defendant’s evidence on them, file further written evidence in reply.

(6) If they do so, they must also, within the same time limit, serve a copy of their evidence on the other parties.

(7) The claimant may rely on the matters set out in the claim form as evidence under this rule if the claim form is verified by a statement of truth.

(8) A party may apply to the court for an extension of time to serve and file evidence or for permission to serve and file additional evidence under rule 8.6(1).

(9) The parties may agree in writing on an extension of time of not more than 14 days for serving and filing evidence from the defendant and of not more than 28 days for serving and filing evidence in reply.

(10) Any such agreement must be filed with the court with the acknowledgement of service or, if it relates to evidence in reply, within 48 hours of the agreement.”.