Part 7 and Part 8 Claims
A Part 7 claim is the usual method of bringing a legal claim.
What is a Part 8 claim? A Part 8 claim is an alternative procedure to Part 7. It is used for claims seeking the court’s decision on a question that is unlikely to involve a substantial dispute of fact.
Particular of Claim
What is a particular of claim? A particular of claim is a document setting out the case of the claimant and specifying the facts relied upon. Formerly known as a statement of claim.
Civil Claim Procedures
Form N1 is used to start a civil claim in the English court. Notes N1A, N1C, and N1D provide guidance on completing the form.
Defence Filing
The Civil Procedure Rules (CPR) set out time limits for filing a defence. You can agree to extend the time limit with the claimant or apply to the court. The CPR states what must be included in the defence.
Default Judgment
If the defendant does not respond to the claim, the claimant can apply for default judgment.
Payment and Progress Claims
Invoices, payment claims, and progress claims differ. An invoice can be a payment claim and a progress claim. A payment claim is not always an invoice or progress claim.
Assertions and Tax Impact
Assertions represent potential misstatements. They relate to occurrence, completeness, and disclosure of transactions and events.
Income credited under tax legislation may contribute to deductions in a later year. The difference between the credit amount and deductions indicates the tax impact.
Legal System
Federal courts have limited jurisdiction over civil cases. They hear cases authorized by the Constitution or federal statutes. State courts differ in many ways.
Res Judicata and Calendar
Res judicata bars relitigation of claims or issues already decided. It includes claim preclusion and issue preclusion. Determining which applies to later lawsuits with related facts is often difficult.
The Islamic calendar counts lunar months rather than solar years. So Islamic holidays move each year per the Western calendar. The systems differ by about 11 days per year.