Hep needed with amending witness Statement and Draft Order in an adjourned case.

[nonymouse]

Hi guys,

I am newly registered on here but have been reading posts for a while now.

Please I need some advice on about a claim.

I made an application for an injunction and an interim payment with respect to an ongoing claim.

The application was adjourned 'WITH LIBERTY TO RESTORE'. time frame - 3 months. The judge had advised the defendant to go and look at my complaint and try to get things sorted or I come back within 3 months.

I have laid my hands on evidence I did not have at the first hearing, and the defendants has also done more of the acts i complained about in the main claim. I want to restore the application and need my statement to include these facts and evidence, as the additional facts and new evidence make my claim stronger.

Is it possible to get permission to amend a witness statement so I can include the new facts? Or do I just let the time run out and submit the application afresh .... like the next day after the deadline. I have looked for 'amended witness statements; but nothing seems to point me in the right direction. HELP, PLEASE.

Thanks in advance,

nony.

[des8]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

Hi and welcome

Have you read CPR17?
https://www.justice.gov.uk/courts/pr...l/rules/part17

[nonymouse]

Re: HeLp needed with amending witness Statement and Draft Order in an adjourned case.

Hi and welcome

Have you read CPR17?
https://www.justice.gov.uk/courts/pr...l/rules/part17

Thanks, des8!

I have read it. Will the court consider a 'Witness Statement' the same as a 'Statement of Case'? CPR 17 mentions 'Statement of Case'. Form N244 lists both.

Shall I title my new amended Witness Statement as just that? I have already ticked 'the attached witness statement' on N244. (Additions are in red and removals underlined in red and ready to go.) I am asking for restoration and permission to amend on the same N244.

Please, am I doing it right?

Many thanks in advance.

[R0b]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

Hi nonymouse,

Statements of Case are a document or collection of documents which are formally used in court and provides information about what each party has about the case at hand. For example, a particulars of claim, , claim form, counterclaim, a defence, and a reply to a defence and any other information relating to those documents are all statements of case.

Des8 has referred you to CPR 17 as above, the claim form is considered as part of the statements of case. If you are intending to use the Witness Statement then you will need to have it titled as a witness statement.

Also, I believe if you are amending your claim form you should strike out the bits you want removing, you can underline also but don't think its a necessity.


Hope this helps

[stevemLS]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

No, a Statement of Case is not the same as a Witness Statement.

A Statement of Case would be (eg) the Particulars of Claim or Defence.

You don't need to amend your Witness Statement. You can simply prepare a second Witness Statement with, primarily the repetitions of the acts complained of in your original application together with your new evidence.

That second Witness Statement would be the evidence you would be required to support your Application to Restore.

ETA: Crossed with ROb

[R0b]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

something else to note and add onto StevemLS's post is that this claim is essentially still ongoing, your application is to apply to the court to have the hearing relisted - which I believe warrants a fresh application to that effect.

As for your witness statement, if you've already submitted one before then you will probably need to address this new statement as your second witness statement. Don't think it would be necessary to repeat what you've said previous with additions, I would starting with something like having read further evidence filed and served by the defendants, i now make the following supplementary statement in support of my claim ... as explained in my first witness statement ...

Not sure if the judge will accept an amended claim with a new statement when the case is technically still ongoing - just my thoughts.

Ps. If assuming your a litigant in person, I hope your claiming costs for all of this

[FlamingParrot]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

something else to note and add onto StevemLS's post is that this claim is essentially still ongoing, your application is to apply to the court to have the hearing relisted - which I believe warrants a fresh application to that effect.

As for your witness statement, if you've already submitted one before then you will probably need to address this new statement as your second witness statement. Don't think it would be necessary to repeat what you've said previous with additions, I would starting with something like having read further evidence filed and served by the defendants, i now make the following supplementary statement in support of my claim ... as explained in my first witness statement ...

When a hearing was adjourned because the judge wanted the parties to explore certain issues in more depth, I drafted a supplementary WS in addition to the original WS, addressing the extra issues. Having said that, in this case there was nothing from the first WS that had to be amended or removed, just added to.

[nonymouse]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

Big thanks to all contributors so far!

...............
Not sure if the judge will accept an amended claim with a new statement when the case is technically still ongoing - just my thoughts.

Ps. If assuming your a litigant in person, I hope your claiming costs for all of this

Hi R0b,

What I was trying to explain is that:
1. I want the application restored and
2, I want to use the witness statement from the original hearing but in an amended format to include all the new details. The permission to amend is only to amend the witness statement I originally submitted so that we can use that new statement instead of the old one.

The main claim has only reached the allocation stage. The application is one for an injunction and an interim payment based on matters from the main claim.

Since you say it is a fresh application,

1. Am I to submit the amended statement as a FRESH witness statement WITHOUT all the red business?
2. Am I to submit the amended statement as a SECOND witness statement WITHOUT all the red business?
3. Am I to submit the amended statement as an AMENDED witness statement WITH all the red business?

[stevemLS]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

My understanding is that:

1. Your original Claim stands unamended.

2. That claim has, essentially, been stayed for 3 months with liberty to restore.

3. You to not resile from anything in your first Witness Statement.

4. The Defendant has repeated whatever behaviour you were seeking to prevent AND you have fresh evidence in support of your claim.

If all that is right, you need to submit an Application (N244) to restore AND your second Witness statement (containing the information in No 4 above) is the evidence to support the new Application.

Have you explored directly with the other side whatever it was the judge directed you to?

[nonymouse]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

You are all marvelous!

Apart from the additions, the only differences in the statements are e.g

I believe ... now crossed out as I now know and have evidence
I am ... crossed out to 'I was' due to elapsed time

The judge did 'advise' defendant to look at my complaint again. I discussed with the Sols after hearing and asked that a previously uninvolved person deal with the matter.

It was as if the Sols gave application to the same problematic employee to read and that employee actually did the things I suspected they had done with no evidence prior, PLUS MORE AND WORSE. documented in two SARs I made.

Defendant is a public Authority. Equality Act Claim. New concrete evidence of victimisation.

[nonymouse]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

My understanding is that:

1. Your original Claim stands unamended.

2. That claim has, essentially, been stayed for 3 months with liberty to restore.

3. You to not resile from anything in your first Witness Statement.

4. The Defendant has repeated whatever behaviour you were seeking to prevent AND you have fresh evidence in support of your claim.

If all that is right, you need to submit an Application (N244) to restore AND your second Witness statement (containing the information in No 4 above) is the evidence to support the new Application.

Have you explored directly with the other side whatever it was the judge directed you to?

Hi Steve,

1.Main Claim is ongoing at allocations stage
2. Application (side claim?) stayed for 3 months with liberty to restore
3. Want to restore side claim with the with the contents of old witness statement plus more of defendant's evidenced unlawful acts.

[R0b]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

Apologies for not making myself clear about fresh application what i meant is a new N244 application to the effect that purusant to your claim with claim number and the order made by judge XXX you wish to restore your claim.

I agree with StevemLS on points 1, 3 and 4. However my interpretation of point 2 is different between a stay and an adjournment - i wont go into it as i don't want to complicate things and doesn't add to the discussion.

So you've turned up to court and the judge has adjourned your injunction application for a period of 3 months with possibility to restore before this time? I would take that to mean that you need to apply to the court for permission to have the case re-listed using the N244 form. If you have received further evidence since your original application then you will need a supplementary (2nd) witness statement which provides for the new evidence that you wish to use in support of your claim.

You don't need to amend your original claim because you are still claiming on that basis, and because the claim has been adjourned you are now wanting to have the hearing brought forward, in addition to any new evidence that has been disclosed. I don't know why you would need to amend everything on the claim form and statement if it's all correct and you want to add to it as the judge has already read it - this is where a second statement comes into play to supplement new evidence - applications for interim hearings need to be made under CPR 23.

Therefore, you complete a new N244 form and under the box that is what you are asking the court you explain that you wish to have the claim re-listed pursuant to the order made by the judge and then attach your supplementary witness statement and evidence. Then hopefully the court will refer back to the claim and order made then re-list the case - job done!

As I said this is my interpretation of what you are saying, hope this helps.

[nonymouse]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

Thanks, R0b.Maybe I confused you guys by using the word 'adjourned'.Judge told me if I am not happy with how the defendant addresses the matter again, I have 3 months to come back to him. Hope that helps!

[R0b]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

No problems. Did you actually receive anything from the court in the form of an order after the hearing or did the judge just say that in court? The wording adjourned with liberty to restore is quite specific and pretty legal.

If you did receive an order from the court to that effect then you refer to it in the N244 and also state your claim number too so the court can easily look it up.

[nonymouse]

Re: Hep needed with amending witness Statement and Draft Order in an adjourned case.

Order received from court after hearing in which Judge said to come back. With the terminology and time-frame.