Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Part 8 to Part 7

Part 8 to Part 7

Postby Cloudbase » Wed Feb 21, 2018 4:34 pm

Hi

If a case has been issued using part 8, but a court rules part 8 is not suitable and that it should go onto part 7. The party has paid a fee on Part 8 that is substantially lower then it would be on a part 7 claim (4.5% of the amount claimed as its a large amount)

Should the court be asked that the claimant pay the correct fee. ( An order has been produced which makes no mention of the fee)

Is it worth bringing it to the courts attention, ?

Any suggestions welcome
Cloudbase
 
Posts: 6
Joined: Sun Jan 21, 2018 7:21 am

Re: Part 8 to Part 7

Postby atticus » Wed Feb 21, 2018 5:21 pm

You may try, but don't hang your hat on it.

Bear in mind that this is a cost you may be ordered to pay.
User avatar
atticus
 
Posts: 20640
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Part 8 to Part 7

Postby Cloudbase » Wed Feb 21, 2018 7:40 pm

Would it require an application?
Cloudbase
 
Posts: 6
Joined: Sun Jan 21, 2018 7:21 am

Re: Part 8 to Part 7

Postby atticus » Thu Feb 22, 2018 7:40 am

Do you really want to pay that fee?
User avatar
atticus
 
Posts: 20640
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Part 8 to Part 7

Postby Cloudbase » Fri Feb 23, 2018 3:29 pm

Surely the court should pick this up at some stage?
Cloudbase
 
Posts: 6
Joined: Sun Jan 21, 2018 7:21 am

Re: Part 8 to Part 7

Postby atticus » Fri Feb 23, 2018 4:35 pm

I suppose that is possible. But things do get missed, especially in a busy understaffed and underfunded office.
User avatar
atticus
 
Posts: 20640
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Part 8 to Part 7

Postby Cloudbase » Fri Feb 23, 2018 4:51 pm

There can be no arguing with that!
Cloudbase
 
Posts: 6
Joined: Sun Jan 21, 2018 7:21 am


Return to Litigation Practice

Who is online

Users browsing this forum: No registered users and 1 guest