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Application to court for directions under part 8

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  • Application to court for directions under part 8

    Hi

    I am the beneficiary of a trust. One of the three Trustees ( a professional paid trustee/ lawyer, the claimant) has applied to court for directions under part 8 for how the trust should be distributed to beneficiaries.

    I have been sent an email by the Claimant's law firm with the above information and a claim form. The email says "this email does not constitute service" and that I will revieve service via mail and have 14 days form then to file an acknowledgement of service.

    I have since received the Claimants witness statements and supporting evidence via post.

    My question is, does this constitute service?

    Thanks, R
    Tags: None

  • #2
    Re: Application to court for directions under part 8

    Have you received the part 8 claim form by post ? or just the witness statement and supporting evidence.

    CPR says

    Service

    https://www.justice.gov.uk/courts/pr...les/part07#7.5

    then Part 8 claims

    Acknowledgment of service

    8.3
    (1) The defendant must –
    (a) file an acknowledgment of service in the relevant practice form not more than 14 days after service of the claim form; and

    (b) serve the acknowledgment of service on the claimant and any other party.
    (2) The acknowledgment of service must state –
    (a) whether the defendant contests the claim; and
    (b) if the defendant seeks a different remedy from that set out in the claim form, what that remedy is.
    (3) The following rules of Part 10 (acknowledgment of service) apply –
    (a) rule 10.3(2) (exceptions to the period for filing an acknowledgment of service); and
    (b) rule 10.5 (contents of acknowledgment of service).
    (4) Omitted
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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