Case: KB-2025-003308
Claimant: :Waseem: Malik
Defendant: Chief Constable of Thames Valley Police
Filing Basis: CPR Part 8 – Alternative Procedure for Claims
1. David Drewe’s Objection
The Defendant’s solicitor contends that the Claimant’s N208 “does not disclose a cause of action.”
2. CPR Part 8 Framework
- CPR 8.1(2): The Part 8 procedure is used where the Claimant seeks the Court’s decision on a question which is unlikely to involve a substantial dispute of fact.
- CPR 8.2(1): A claim is commenced by the issue of a claim form (N208) which must state the question the Claimant seeks the Court to decide.
- CPR 8.2A & 8.4: Part 8 claims include applications for declarations, construction of documents, or confirmation of legal status.
3. Declaratory Relief is a Cause of Action
- It is settled law that a claim for declaratory relief is itself a recognised cause of action (Rolls-Royce plc v Unite the Union [2009] EWCA Civ 387).
- The Claimant seeks a declaration that the RCJ-46 Series (formal regulatory responses) are legally significant and form part of the Court’s procedural record.
- This is a live and justiciable question of law, not a factual dispute.
4. No Abuse of Process
- The claim is not speculative or academic; it is tied to ongoing proceedings in KB-2025-003308.
- The relief sought is modest, specific, and squarely within Part 8.
5. Conclusion
The Defendant’s threat of strike-out is unfounded. The N208 discloses a proper cause of action by way of declaratory relief under CPR Part 8. The Court is respectfully invited to proceed to directions.
Filed by: