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.

The court will then fix a hearing date or set a timetable (Directions).
 

Time limits for bringing a small claim

Small Claims Court

 

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