I want to Amend my Claim Form - Do I need to reseal?

[ampeculiar]

Hello there,

I have an on going claim in court as a Claimant (Litigant in person) and awaiting a date for the hearing of the defendants' applications before a trial date is set.

Due to recent discovery of fresh information, I'd like to amend my Claim form and particulars of claim.

Claim Form: I simply want to add a new heading and also increase the amount that I am claiming for.

Particulars of Claim: I simply want to add a few paragraphs and new heading

Earlier on I made a quick call to my local court to check with them, the lady on the phone advised that I'd need to complete Form N244 and also make my additions or strike through in red to the judge can easily identify the additions plus a signed witness statement. I asked if such changes won't affect the previously stamped date on my Claim form (dates back to January) but the lady wasn't sure. My reason for concern in that area is I don't want to leave any room open for the defendants to possibly claim a breach of CPR e.g a strike out.

I have read through your thread on How to Amend your Claim Form:

http://www.legalbeagles.info/forums/...Practicalities

I'd appreciate answers to the bit in bold.

Many Thanks

[Amethyst]

Re: I want to Amend my Claim Form - Do I need to reseal?

You will need to apply to Amend the claim formally via N244 application, the claimants would then have a certain time to respond to the amended claim. The original claim date will stand, but the court will order new dates for the claim going forward. Presumably if the claim was brought in January the other side have already defended. If they have an application hearing then you could get your application to amend heard at the same hearing. Before making an application you should try to obtain consent from the other side for the amendment. Are the amendments absolutely necessary ? new legal pleading ? What is the change of amount for ? or is it simply adding further detail to the claim ? ( that you could add a witness statement / skeleton arguments stage )

What is their application for ?

[ampeculiar]

Re: I want to Amend my Claim Form - Do I need to reseal?

Hi,

Oh so the defendants will be allocated a time to respond to the amended claim, how much time will they be given? 28 days?

Yea the defendants have already filed their defenses and their applications are similar (strike out / summary judgment). Yes the amendment is necessary as I intend to add new legal pleading and also change the overall amount being claimed and this has to also reflect in the schedule of loss. The Change of amount will factor in a recent calculation of my current and future loss of earnings due to the impact of the current situation as I am no longer able to run my self employment. The amount will also reflect the trauma suffered by my defenseless and vulnerable children and wife (they weren't factored properly factored into the current amount). I thought of obtaining consent from the defendants' lawyers but being that they are very arrogant and didn't bother to reply to some of my previous correspondence, I don't think gaining their consent will be fruitful but I am happy to give it ago to record purposes.

Are you suggesting that submitting just a witness statement will suffice? what of the money bit on the Claim form?

I'd really appreciate your thoughts.

Thanks!

You will need to apply to Amend the claim formally via N244 application, the claimants would then have a certain time to respond to the amended claim. The original claim date will stand, but the court will order new dates for the claim going forward. Presumably if the claim was brought in January the other side have already defended. If they have an application hearing then you could get your application to amend heard at the same hearing. Before making an application you should try to obtain consent from the other side for the amendment. Are the amendments absolutely necessary ? new legal pleading ? What is the change of amount for ? or is it simply adding further detail to the claim ? ( that you could add a witness statement / skeleton arguments stage )

What is their application for ?

[Ryte]

Hello there,

I have an on going claim in court as a Claimant (Litigant in person) and awaiting a date for the hearing of the defendants' applications before a trial date is set.

Due to recent discovery of fresh information, I'd like to amend my Claim form and particulars of claim.

Claim Form: I simply want to add a new heading and also increase the amount that I am claiming for.

Particulars of Claim: I simply want to add a few paragraphs and new heading

Earlier on I made a quick call to my local court to check with them, the lady on the phone advised that I'd need to complete Form N244 and also make my additions or strike through in red to the judge can easily identify the additions plus a signed witness statement. I asked if such changes won't affect the previously stamped date on my Claim form (dates back to January) but the lady wasn't sure. My reason for concern in that area is I don't want to leave any room open for the defendants to possibly claim a breach of CPR e.g a strike out.

I have read through your thread on How to Amend your Claim Form:

http://www.legalbeagles.info/forums/...Practicalities

I'd appreciate answers to the bit in bold.

Many Thanks

Could you please confirm that there have been no changes and N244 is still applicable to amend the claim. I filed this form + updated particulars of claim as an attachment N1, there is a reply from the court "If you applying to re-serve the claim you must use form N1SDT instead". How should I proceed?

Thank yo very much in advance.