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serving amended particulars of claim upon the Defendanst

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  • serving amended particulars of claim upon the Defendanst

    Dear all,

    Thank you for being here on this forum and for helping each other out. this is my first post to the forum, having submitted a few claims, as a litigant in person. Someone said - it was like 'David fighting x number of Goliath's instead of one', so, I will need a lot of your help and advice. and your best wishes. The claims matter saving lives, many helpless lives, I believe.

    I wanted to know somethings in particular with serving Claims and amended particular of claims upon the Defendant, which i have to prepare for submission, printing on 23.12.14
    - who serves them upon the defendant - court or the Claimant, if the Claimant has submitted 3 copies of the claims to the court
    - what does - 'leave for the court to issue' mean? does it mean that it is for the court to issue, as opposed to the meaning contained in 'leave of court' when it comes to someone issuing a claim to someone else and especially the Claimant not being mentioned in the earlier phrase
    - if the defendant have not received the claims which the court says have been served by them almost a month before the confirmation of non receipt, and if the claimant was ordered, via a Stay Order at the same time as submitting the claims to 'serve the draft amended particular of claim's, within a particular period of time, with nothing after that phrase
    - whom does the claimant submit the drafts to?
    - if the claimant has to issue the amended particulars of the claims to the defendant, together with the 3 copies to the court with the N244, given that the defendant have failed to receive the original claims which the court (well, the court admin say they didn't post, but..its complicated) says they have served it upon the defendants - should the claimant now submit the original claims with the amended claims
    - does the word 'serve' on its own imply serving upon the defendants, without the word defendants or the object upon which 'it' is to be served mentioned with the word in an Order upon a claim?

    looking forward for any help and advice

    lifensoul
    Tags: None

  • #2
    Re: serving amended particulars of claim upon the Defendanst

    In addition to the above,

    - how do we list Defendants within the main defendant category, working within the same organisation, all part of the same claim. Would calling the main defendant the first defendants and the others under the main defendant as the second, third etc be the right procedure?

    - is it sufficient to serve the claim and the amended particulars upon the main defendant or does one has to serve it upon each additional defendant under the main defendant too

    Thanks for all advice in anticipation

    Comment

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