The HMCTS weekly update yesterday stated “From Monday 4 April 2022, legal professionals issuing claims for damages that fall under the scope of Practice Direction 51ZB should use the Damages Claim service on MyHMCTS.”
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SEE THE MOVIE
A webinar demonstrating the damages service is now available on the HMCTS YouTube channel.
SUITABILITY FOR THE PILOT SCHEME
Paragraph 1.6 of the Practice Direction states:
“A claim is only suitable for the pilot if all the following conditions are met—
(a) the claim is a claim for damages only;
(b) the claim would not ordinarily follow the Part 8 procedure;
(c) the claim is not made under one of the provisions of the Consumer Credit Act 1974 specified in CPR PD 7B paragraph 3.1;
(d) the claimant is represented by a legal representative who—
(i) has registered with MyHMCTS; and
(ii) has been provided with access to the DCP;
(e) the claimant is aged 18 years or over, or is under 18 and has a litigation friend (in which case a statement of suitability must be provided);
(f) the claimant is not a protected party within the meaning of CPR 21.1(2)(d);
(g) the fee for issuing the claim is paid in full using the “Payment By Account” system;
(h) the claim is conducted in English;
(i) the claimant does not have in force against them—
(i) a civil proceedings order;
(ii) an all proceedings order; or
(iii) a civil restraint order; and
(j) the claimant believes that the defendant—
(i) has a postal address for service within England and Wales;
(ii) is aged 18 years or older; and
(iii) is not a protected party.”
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