Form N208: The Part 8 Claim Form — When and How to Use It (2026 Guide)
Not every civil claim involves a contested version of events. Some claims turn on a question of law, the interpretation of a document, or the administration of a trust or estate. For these claims, the Civil Procedure Rules provide an alternative, streamlined procedure under CPR Part 8 — and the form you need is Form N208.
Where Form N1 (Part 7) is designed for disputes where the facts are contested and witness evidence will be tested at trial, Form N208 is designed for claims where the court is being asked to decide a legal question and the underlying facts are largely agreed. Part 8 is a faster, more focused procedure — but it is only appropriate when there is no substantial dispute of fact.
This guide explains when Form N208 is the right form, how to complete it, the current court fees, the Part 8 procedure from issue to hearing, and the key differences from the standard Part 7 route.
Download Form N208
Form N208 (Claim Form — CPR Part 8) is available as a fillable PDF from HMCTS:
- Download Form N208 from GOV.UK — Claim form (PDF, 4 pages)
- Form N208A — Notes for claimants on completing a Part 8 claim form (available from the same page)
- Form N208C — Notes for defendants on responding to a Part 8 claim form
You can complete the form on screen and print it, or print it and fill it in using black ink. Welsh language versions are also available from the same GOV.UK page.
For specialist courts, there are dedicated variants:
- N208(CC) — for claims in the Commercial Court
- N208(LCC) — for claims in the London Commercial Court
- N208(RCC) — for claims in the Regional Commercial Court (Business and Property Courts)
Use the standard N208 unless your claim is being issued in one of these specialist courts.
When Do You Need Form N208?
Form N208 is required whenever you want to start civil proceedings under CPR Part 8 — the alternative procedure for claims. The fundamental test is set out in CPR 8.1(2): a claimant may use the Part 8 procedure where they seek the court’s decision on a question which is unlikely to involve a substantial dispute of fact.
In practice, Part 8 is used in two situations:
- Where a rule or practice direction requires it — certain types of claim must be brought under Part 8, regardless of whether the facts are in dispute
- Where the claimant chooses it — because the claim genuinely turns on a question of law rather than contested facts
Claims That Must Use Part 8
The CPR and associated practice directions mandate Part 8 for several categories of claim:
- Inheritance (Provision for Family and Dependants) Act 1975 claims — CPR 57.16 requires these to be brought under Part 8. These are claims by family members or dependants who believe the deceased’s will (or the rules of intestacy) did not make reasonable financial provision for them
- Probate claims — contentious and non-contentious probate matters under CPR Part 57, including applications for grants of representation and claims to revoke a grant
- Removal of executors or trustees — applications to the court for an order removing an executor or trustee and appointing a replacement
- Trust administration and interpretation — seeking the court’s directions on the administration of a trust, or a declaration as to the correct interpretation of a trust deed
- Claims under the Trusts of Land and Appointment of Trustees Act 1996 — including applications for orders for sale of co-owned property under section 14
Claims That Commonly Use Part 8
Beyond the mandatory categories, Part 8 is regularly used for:
- Interpretation of contracts and deeds — where the parties agree on what happened but disagree on what a clause means
- Boundary disputes — where the issue turns on the construction of title deeds rather than a factual dispute about where the boundary lies
- Declarations — asking the court to declare the legal position on a point of law
- Applications under specific statutes — many statutory applications are directed to the Part 8 procedure by the relevant practice direction
- Some possession claims — certain mortgage possession and landlord possession claims under specific practice directions
- Applications relating to estates and charities — directions from the court on the administration of estates and charitable trusts
When NOT to Use Form N208
Do not use Form N208 if your claim involves contested facts that will need to be resolved through witness evidence and cross-examination. The standard examples of claims that belong under Part 7 (Form N1) include:
- Breach of contract where liability is denied
- Negligence and personal injury claims
- Debt recovery where the defendant disputes the amount or existence of the debt
- Consumer disputes
- Any claim where the parties disagree about what happened
If you are unsure, Form N1 (Part 7) is the safer option. The court has the power to transfer a Part 7 claim to Part 8 procedure if it considers Part 8 more appropriate, and vice versa. Starting under Part 7 when Part 8 would have been better causes less disruption than the other way around.
Court Fees for Part 8 Claims
The court fee for issuing a Part 8 claim depends on what you are claiming:
If Your Part 8 Claim Seeks a Sum of Money
Some Part 8 claims include a monetary element — for example, an Inheritance Act claim seeking reasonable financial provision from an estate. Where a Part 8 claim includes a claim for money, the standard money claim fee scale applies:
| Claim Value | Court Fee |
|---|---|
| Up to £300 | £35 |
| £300.01 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £1,500 | £80 |
| £1,500.01 to £3,000 | £115 |
| £3,000.01 to £5,000 | £205 |
| £5,000.01 to £10,000 | £455 |
| £10,000.01 to £200,000 | 5% of claim value |
| Over £200,000 | £10,000 (fixed maximum) |
If Your Part 8 Claim Does Not Seek Money
Where the claim seeks a non-monetary remedy — a declaration, an order for sale, directions on trust administration, or the interpretation of a document — the fixed non-money claim fee applies (fee 1.5 in the Civil Proceedings Fees Order):
| Court | Issue Fee |
|---|---|
| County Court | £377 |
| High Court | £646 |
Where more than one non-money claim is made in the same proceedings, fee 1.5 is payable once only. If your claim includes both a money claim and a non-money claim, both fees may be payable — check with the court office or the current EX50A fee schedule on GOV.UK.gov.
The CPR Part 8 Procedure Explained
The Part 8 procedure is fundamentally different from Part 7. It is designed to be faster and more efficient for claims that do not require the full machinery of statements of case, disclosure, and trial. Here are the key features:
No Particulars of Claim
Unlike Part 7, there are no Particulars of Claim. Instead, the claim form itself sets out the question the court is being asked to decide, or the remedy sought and the legal basis for the claim. The detail that would normally go into Particulars goes into the witness statement evidence filed with the claim form.
Evidence Filed at the Outset
This is the single most important feature of Part 8. When the claimant files the claim form, they must also file any written evidence (typically a witness statement) on which they intend to rely. This evidence is served on the defendant with the claim form. There is no disclosure stage, no exchange of witness statements months later — everything is front-loaded.
No Defence
The defendant does not file a defence in the traditional sense. Instead, they file an acknowledgment of service (Form N210) within 14 days of service. The acknowledgment states whether the defendant contests the claim and, if they seek a different remedy, what that remedy is.
No Default Judgment
Unlike Part 7, there is no default judgment under Part 8 (CPR 8.1(5)). If the defendant does not file an acknowledgment of service, they may still attend the hearing but may not take part in it unless the court gives permission. The claim still proceeds to a hearing.
No Counterclaim Without Permission
A defendant cannot file a counterclaim under Part 8 without the court’s permission.
Transfer to Part 7
The court may at any stage order the claim to continue as if the claimant had not used Part 8 (CPR 8.1(3)). If substantial factual disputes emerge, the court can transfer the claim to Part 7 and give whatever directions it considers appropriate — including ordering Particulars of Claim and a Defence to be filed.
Step-by-Step Guide to Completing Form N208
Header: Court Name and Claim Number
Enter the name of the court where you are issuing the claim. Part 8 claims in the County Court may be issued at any County Court hearing centre unless a rule or practice direction directs otherwise. For High Court claims, write “In the High Court of Justice” followed by the appropriate Division (Chancery Division, King’s Bench Division, etc.).
Leave the Claim Number blank — the court assigns this when it processes your claim.
Section 1: Claimant Details
Enter your full name and address. The same rules apply as for Form N1:
- Individuals: title, forenames, and surname
- Sole traders: add “trading as [business name]”
- Partnerships: the firm name followed by “(a firm)”
- Limited companies: the full registered company name from Companies House and the registered office address
- Estates: “The personal representatives of [name of deceased]” or the named executor(s)
Section 2: Defendant Details
Enter the defendant’s full name and address in the same format. For limited companies, always use the exact registered name from Companies House. In trust and estate claims, name all relevant parties — trustees, beneficiaries, personal representatives — as appropriate.
Section 3: Details of Claim
This is the most important section of Form N208. Under CPR 8.2, you must set out either:
- The question(s) which you want the court to decide; or
- The remedy you are seeking and the legal basis for the claim
Be precise and focused. Part 8 claims succeed or fail on clarity. Examples:
- “The claimant seeks a declaration that on its true construction, clause 7.2 of the lease dated 1 March 2020 constitutes a condition precedent to the defendant’s obligation to pay under clause 3.1”
- “The claimant seeks an order for sale of the property at [address] pursuant to section 14 of the Trusts of Land and Appointment of Trustees Act 1996”
- “The claimant seeks reasonable financial provision from the estate of [name of deceased] pursuant to the Inheritance (Provision for Family and Dependants) Act 1975”
- “The claimant seeks the removal of [name] as trustee of the [name] Trust and the appointment of [name] as replacement trustee”
If the form does not provide enough space, you may attach a separate sheet headed “Details of Claim (continued)” and reference it on the form.
Section 4: Statement of Truth
Sign and date the statement of truth. The prescribed wording confirms that you believe the facts stated in the claim form and any attached witness evidence are true. An unsigned form will be returned by the court. Making a false statement verified by a statement of truth can constitute contempt of court.
Section 5: Address for Documents
Enter the address where you want documents sent if different from your address in Section 1. You can also indicate whether you accept service by DX, fax, or email. The address must be in England or Wales.
Key Differences Between Part 8 (N208) and Part 7 (N1)
Understanding the differences helps you choose the right procedure and prepare accordingly:
| Feature | Part 7 (Form N1) | Part 8 (Form N208) |
|---|---|---|
| When to use | Factual disputes | Questions of law; no substantial dispute of fact |
| Statements of case | Particulars of Claim, Defence, Reply | None — details in the claim form itself |
| Evidence | Exchanged later (witness statements, disclosure) | Filed with the claim form from the outset |
| Disclosure | Standard or specific disclosure ordered by the court | No automatic disclosure |
| Default judgment | Available if defendant fails to respond | Not available under Part 8 |
| Counterclaim | Defendant may counterclaim | Only with the court’s permission |
| Defendant’s response | Defence (14 or 28 days) | Acknowledgment of service — Form N210 (14 days) |
| Track allocation | Small claims, fast track, or multi-track | No automatic track allocation |
| Typical duration | Months to years depending on track | Generally shorter — evidence is front-loaded |
What Happens After You File Form N208
The Part 8 procedure follows a clear timeline after issue:
- Court issues the claim — the court assigns a claim number, date-stamps the form, and serves it on the defendant along with the claimant’s witness evidence and a blank Form N210 (Acknowledgment of Service)
- Defendant has 14 days to acknowledge service — the defendant must file Form N210 at court and serve a copy on the claimant within 14 days of service. The acknowledgment states whether they contest the claim. If the defendant has written evidence, it must be filed and served at the same time as the acknowledgment
- Claimant’s evidence in reply (14 days) — the claimant may file further written evidence in reply within 14 days of receiving the defendant’s evidence
- Extensions by agreement — the parties may agree in writing to extend time for evidence: up to 14 additional days for the defendant’s evidence, and up to 28 additional days for the claimant’s reply evidence. Any agreement must be filed at court
- Court gives directions or lists for hearing — the court may give directions (such as requiring a party to attend for cross-examination), or it may list the claim for a hearing. Many Part 8 claims are decided on the papers without an oral hearing, though either party can request one
- Hearing and judgment — at the hearing, the court considers the written evidence and any submissions, then delivers judgment. Because there is no disclosure or witness exchange phase, Part 8 claims typically reach a hearing considerably faster than Part 7 claims
If the defendant does not respond: the claim still proceeds. The defendant may attend the hearing but cannot take part without the court’s permission. There is no default judgment — the court must still determine the claim on its merits.
Common Mistakes on Part 8 Claims
- Using Part 8 when there is a substantial factual dispute — this is the most frequent error. If the defendant is likely to dispute the facts (not just the legal interpretation), Part 7 is the correct route. The court will transfer the claim to Part 7 and the resulting delay and wasted costs could have been avoided
- Failing to file evidence with the claim form — under Part 8, you must file and serve your witness statement evidence at the same time as the claim form. Unlike Part 7, there is no later opportunity to exchange evidence. If you issue without evidence, the court may strike out the claim or require you to file evidence before it can proceed
- Vague details of claim — the “Details of Claim” section must precisely identify the question for the court or the remedy sought and its legal basis. A woolly or overly broad statement will not assist the court
- Not naming all necessary parties — trust and estate claims often involve multiple beneficiaries, trustees, or personal representatives. Failing to join all necessary parties can result in the court being unable to make an effective order
- Filing in the wrong court — some Part 8 claims must be issued in a specific court or Division. For example, Inheritance Act claims are commonly issued in the Chancery Division. Trust and estate matters generally belong in the Chancery Division of the High Court or the Business and Property Courts. Check the relevant practice direction before filing
- Unsigned statement of truth — as with any court form, an unsigned statement of truth means the form is invalid and will be returned
- Not considering the Pre-Action Protocol — even for Part 8 claims, the court expects the parties to have communicated before issuing proceedings. The general Practice Direction on Pre-Action Conduct and Protocols applies where no specific protocol exists
- Insufficient copies — when filing by post or in person, you need the original for the court, one copy for each defendant, and one copy for yourself. For multi-party trust and estate claims, this can mean several copies
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Frequently Asked Questions
What is the difference between Part 7 and Part 8?
Part 7 (Form N1) is the standard procedure for civil claims and is designed for disputes involving contested facts. Part 8 (Form N208) is the alternative procedure for claims where there is no substantial dispute of fact — the court is being asked to decide a question of law, interpret a document, or give directions on the administration of a trust or estate. Part 8 is faster because evidence is filed upfront and there are no statements of case or disclosure.
Do I need to file Particulars of Claim with Form N208?
No. Part 8 does not use Particulars of Claim. Instead, the claim form itself sets out the question or remedy, and the supporting detail goes into the witness statement evidence filed with the claim form. This is one of the fundamental differences from Part 7.
What evidence do I need to file?
You must file and serve all written evidence on which you intend to rely at the same time as the claim form. This is typically one or more witness statements setting out the relevant facts and exhibiting the key documents (the trust deed, will, contract, title deeds, or whatever document is at the centre of the dispute). Get it right first time — there is no second chance to file your main evidence.
What happens if the defendant does not respond?
There is no default judgment under Part 8. If the defendant does not file an acknowledgment of service within 14 days, they may still attend the hearing of the claim but cannot take part without the court’s permission. The court will still determine the claim on its merits based on the claimant’s evidence.
Can the court transfer my claim from Part 8 to Part 7?
Yes. Under CPR 8.1(3), the court may at any stage order the claim to continue under Part 7 if it considers that Part 8 is not appropriate — usually because substantial factual disputes have emerged. The court will give whatever directions it considers necessary, which typically include ordering statements of case and a directions timetable.
Can I use Part 8 for a money claim?
Yes, in certain circumstances. For example, Inheritance Act claims seek reasonable financial provision (a monetary remedy) but must be brought under Part 8. The critical question is not whether you are seeking money, but whether the claim involves a substantial dispute of fact. If it does, Part 7 is the correct route regardless of the remedy sought.
How long does a Part 8 claim take?
Part 8 claims are generally faster than Part 7 because the evidence is front-loaded and there are no statements of case, disclosure, or witness exchange phases. A straightforward Part 8 claim might reach a hearing within a few months of issue. However, the complexity of the legal issues and the court’s listing availability will determine the actual timeline.
Where do I issue a Part 8 claim?
In the County Court, a Part 8 claim may be issued at any County Court hearing centre unless a rule or practice direction says otherwise. For High Court claims, issue at the Royal Courts of Justice or the relevant District Registry, in the appropriate Division (usually the Chancery Division for trust, estate, and property claims). Some specialist claims have their own requirements — check the relevant practice direction.
Key Points to Remember
- Form N208 is the Part 8 claim form — use it when there is no substantial dispute of fact and the court is being asked to decide a question of law or give directions on administration
- Some claims must use Part 8 — including Inheritance Act 1975 claims, probate matters, removal of trustees, and applications under the Trusts of Land and Appointment of Trustees Act 1996
- File your evidence with the claim form — this is mandatory. Unlike Part 7, there is no later stage for exchanging witness evidence. Your witness statement must be served on the defendant at the same time as the claim form
- There is no default judgment — even if the defendant does not respond, the court must still determine the claim. The defendant may attend the hearing but cannot participate without permission
- Court fees — £377 (County Court) or £646 (High Court) for non-money claims; the standard money claim fee scale for claims that include a monetary element. If you cannot afford the fee, apply for Litigator — £30
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Related Guides
- HMCTS website. Contains public sector information licensed under the Open Government Licence v3.0.
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