Bringing and Defending Disputes. What are Part 7 Proceedings?

April 18, 2017

Disputes can vary greatly in value and complexity, and as such, the Court fee payable to initiate a claim will correlate directly with its value on a sliding scale. The Advisory and Dispute Resolution department at EHL Commercial have experience dealing with all types of claim, and can offer a review and advice in relation to individual circumstances at a fixed fee.

The most common type of proceedings brought before the Court are Part 7 proceedings. These proceedings are applicable where the Claimant seeks monetary relief only [usually an amount equal to the loss suffered as a result of the dispute]. Other types of relief, such as declarative relief, can be sought in the alternative however proceedings known as ‘Part 8’ proceedings must be issued.

As indicated above, the value of a dispute will have a direct impact on the Court fee payable to issue the claim. In addition to this, the value of the claim will also impact on whether a party can recover reasonable legal fees from the unsuccessful party [generally between 60-80% of legal costs paid]. This is dependent on which ‘track’ each case is allocated to by the Court.

Once a claim has been issued, it must be served on the Defendant in accordance with the strict rules of the Civil Procedure Rules (CPR) and the Defendant must take necessary action [namely filing the appropriate form and/or Defence with the Court and served on the Claimant] within the strict statutory time limits. Failure to do so could result in the Court entering Judgment against a Defendant and finding them liable to pay the Claimant’s Court fees and claimed amount. It is therefore imperative that legal advice is sought at the earliest opportunity should a Defendant be notified of any claim made against them. Our Advisory and Dispute Resolution Department can offer a free telephone assessment relating to your particular circumstances.

In the event that a Defendant has not taken the relevant action within the statutory time limits [and Judgment has subsequently been entered against them], we are able to assist in applying to the Court to have the Judgment ‘set aside’.

To find out more on how we can help to guide you through a dispute [whether it be commencing or defending proceedings] please do not hesitate to get in touch.  EHL Commercial

Josh Clarke
Trainee Solicitor
Advisory and Dispute Resolution

The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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