Deciding a Specific Issue
If your case is unlikely to involve a major dispute of fact then it may be better to use the alternative procedure known as the "Part 8 Special Procedure".
This is suitable for example, if you need the court to decide whether you can have access to certain medical records so you can start a claim for personal injury, or if you have reached an agreement with your opponent before starting an action and you just need the court to formalise that agreement in a "Consent Order". Or if you simply need the court to decide a specific issue before you start your action. You must use a Part 8 Claim Form.
Your Claim Form and an Acknowledgment of Service Form will be sent to the defendant. The defendant must return the Acknowledgment of Service Form, but no defence is required. (The defendant can also acknowledge service in an informal document, such as a letter.)
If the defendant believes the Part 8 Special Procedure should not be used he must say so in the Acknowledgment of Service Form.
- Small Claims Court
- Can I bring a small claim?
- Claiming costs for a small claim
- Claiming interest in the small claims court
- Statutory Interest
- How to claim in the small claims court
- Deciding a Specific Issue
- Time limits for bringing a small claim
- Judgment in Default
- Summary Judgment
- Statement of Truth
- Striking out a Claim or a Defence
- Enforcement of a small claim judgment
- Affidavit in Support
- Bankruptcy in the small claims court
- Setting Aside Judgment
- Human Rights Act 1998 - and your civil case
- Links & Addresses