Amending the SoC in MCOL

[bryanclansey]

Hello. I am the Claimant looking to amend the Statement of Claim to alter the relief sought and the amount of damages. Although the directions questionnaire has already been submitted to the court, the case has not yet been allocated to a specific track (though both parties agree on small claims) and no hearing date has been set.

1. Is it possible to amend the SoC before the hearing date is set, or can it only be amended during the hearing? Will there be any additional fees for making this amendment?
2. Practically, how can I amend the SoC if it was originally submitted online? Should I submit a revised form online?

Additionally, I haven't yet submitted a reply with my evidence in response to the defense. Should I request the court's permission to do so, or should I wait and present it at the hearing?

Thank you.

[echat11]

Hi Bryan

Welcome to LB

You can apply to the Court to amend your Statement of Case.
Use form N244, there will be a fee for doing so.

https://www.justice.gov.uk/courts/pr...l/rules/part17

https://www.gov.uk/government/public...ourt-fees-ex50

You need to get this right, you don't want to end up amending the amendment.

[atticus]

If you are increasing the amount of your claim, you may need to pay an additional court fee.

[Pezza54]

If you change your PoC the defendant will probably want to re-submit their defence and you may want to change your reply to defence.
Your evidence should be held back until you file your witness statement

[bryanclansey]

Thank you all for your useful replies! I have a few more questions, if you don't mind.

Can I request that the judge ignore the part of the relief I originally sought in the SoC, acknowledging that I'm not entitled to it, instead of formally amending the document?

I'm still unsure about the Reply which I didn't include with the questionnaire: Can I submit this to the court, or will there be a chance to do so before the hearing? I'd like to address several points and think it would be best to have them detailed in writing.

If you change your PoC the defendant will probably want to re-submit their defence and you may want to change your reply to defence.
Your evidence should be held back until you file your witness statement

This is very helpful ^^^. Does that mean that I can provide my witness statement (I presume I can do this verbally during the hearing) and then provide supporting evidence?

[atticus]

Can I request that the judge ignore the part of the relief I originally sought in the SoC, acknowledging that I'm not entitled to it, instead of formally amending the document?

No.

I'm still unsure about the Reply which I didn't include with the questionnaire: Can I submit this to the court, or will there be a chance to do so before the hearing? I'd like to address several points and think it would be best to have them detailed in writing.

You should have filed this with the questionnaire. Are you sure that a Reply is necessary? If you must file one, do it NOW.

[Pezza54]

When you receive a court order providing the hearing date you will be ordered to exchange and file witness statements, evidence and be given a date to do this by. You will be given the opportunity to present your witness statement at the hearing.
Did you make your claim on MCOL? If yes, did you manage to get your full PoC in the box provided (28 lines)?
The legal advice is to file your Reply to Defence with your Directions Questionnaire and send a copy to the defendant at the same time. So it is probably best to do that now and not wait. You could send an email attaching your reply to defence

Regarding changing your PoC just to reduce the amount claimed, I'm not sure. Other forum users may have had personal experience and can give you an answer
If the defendant denied they were liable for this part of the claim, you could agree to this point in your reply to defence, so the judge is aware it is not disputed

[bryanclansey]

When you receive a court order providing the hearing date you will be ordered to exchange and file witness statements, evidence and be given a date to do this by. You will be given the opportunity to present your witness statement at the hearing.
Did you make your claim on MCOL? If yes, did you manage to get your full PoC in the box provided (28 lines)?
The legal advice is to file your Reply to Defence with your Directions Questionnaire and send a copy to the defendant at the same time. So it is probably best to do that now and not wait. You could send an email attaching your reply to defence

Regarding changing your PoC just to reduce the amount claimed, I'm not sure. Other forum users may have had personal experience and can give you an answer
If the defendant denied they were liable for this part of the claim, you could agree to this point in your reply to defence, so the judge is aware it is not disputed

Excellent, thank you very much. This makes sense. Yes, I managed to get the key parts of the SoC into the online form.

The Defendant objected to a part of the relief where I claimed costs (my mistake, as the parties bear their own costs) and threatened to apply to court, if I don't accept their lowball settlement, to strike out the claim based on 'unreasonable or improper' behaviour. Hence, my question re changing the SoC to avoid this.

Ah okay, I thought I had lost my opportunity to submit a reply to the defence. Yes, I would like to submit it to rebut some of the Defendant's statements so I don't look like a fool.

I can explain everything else in the witness statement.

[atticus]

The Defendant objected to a part of the relief where I claimed costs (my mistake, as the parties bear their own costs) and threatened to apply to court, if I don't accept their lowball settlement, to strike out the claim based on 'unreasonable or improper' behaviour. Hence, my question re changing the SoC to avoid this.

If that is the only change, don't bother. You can explain yourself to the judge at the hearing; You won't be the first to do this and he/she should understand.

Is that the only ground on which the other party threatens to apply to strike your claim out?

[bryanclansey]

If that is the only change, don't bother. You can explain yourself to the judge at the hearing; You won't be the first to do this and he/she should understand.

Is that the only ground on which the other party threatens to apply to strike your claim out?

They also state that they are not the correct Respondent and allege that I am aware I have no claim against that legal entity. I'm not worried about this claim, as it's something they need to prove, and I am ready to submit my evidence.

I have a related question: Can I ask the defendant to disclose documents?

This is a tech dispute with the defendant having lots of affiliates providing various services to each other. I want to see their intracompany agreements, which should exist. I don't have a reference to a specific document, but I am sure something like a service level agreement should be there.

I can prove my points with other evidence, but this might help and will put pressure on them.

[Pezza54]

CPR Part 31 Disclosure and Inspection of Documents is omitted under Part 27 The Small Claims Track
Both parties have stated their preferred track is the Small Claims Track so unless the claim is for more than £10k it is likely to be allocated to the small claims track

[atticus]

We are finally getting to the heart of the matter. Are you certain that you have sued the correct defendant?

Please download the guide for litigants in person - link in my signature block.

[bryanclansey]

CPR Part 31 Disclosure and Inspection of Documents is omitted under Part 27 The Small Claims Track
Both parties have stated their preferred track is the Small Claims Track so unless the claim is for more than £10k it is likely to be allocated to the small claims track

Yes, thank you.

[bryanclansey]

An update to this ^^ thread:

The hearing date has been set and I have several questions:

1. The order states that the court considered the statements of case and the questionnaire before allocating the claim to the small claims track. Does this mean that the court did not consider my Reply? I'd like to understand this point.

2. Do I have to print my witness statement and exhibits, or can I send them by email to the court using the same email address I used to submit my Reply? The order is silent on the method of delivery.

3. There is a deadline to submit witness statements and evidence, which I will meet. However, one piece of evidence will only become available after I submit my witness statement. Do I need to ask the court's permission (and pay a fee?) to add this evidence before the hearing, or can I request permission at the hearing itself?

Thank you.

[echat11]

1. The order states that the court considered the statements of case and the questionnaire before allocating the claim to the small claims track. Does this mean that the court did not consider my Reply? I'd like to understand this point.

When you say 'Reply', you mean the 'Directions Questionnaire' which both parties filled in and sent to the Court, which resulted in the Court making the Order / instructions. The Court would have considered both replies.

2. Do I have to print my witness statement and exhibits, or can I send them by email to the court using the same email address I used to submit my Reply? The order is silent on the method of delivery.

You can email the Witness Statement / Evidence to the Court (make sure you have the correct email address, you receive an acknowledgment and read the email they send you). There is a limitation to the number of Witness Statement / Evidence pages the Court will print out. I would email and send a copy in the post, that way things stay on track. In the Subject line, you want the Court Ref: XXXXXXX, Claimant / Defendant (whichever) Witness Statement and XXXXXXXX v XXXXXXXXX (the parties).

Don't forget to send / email (only if you have their permission to email) the other party a copy.

3. There is a deadline to submit witness statements and evidence, which I will meet. However, one piece of evidence will only become available after I submit my witness statement. Do I need to ask the court's permission (and pay a fee?) to add this evidence before the hearing, or can I request permission at the hearing itself?

I would submit your Witness Statement then attach a letter for the Judge/ Court, stating that you wish to add additional evidence (make sure you get their permission), not available at the moment, you've notified the other party of this (notify the other party), as soon as it's available you will send a copy to the Court and other party. But remember you need to give the other party time to look at it.