amending particulars hearing

[Leigh123]

Hi

We have an ongoing dispute with our neighbours regarding damage caused by their building work.

2 years later we filed a claim against them. The defense stated we didn't pled a recognise cause of action and they wanted the claim to be struck out or have the judge order that we amend our particulars of claim so they are "fuller and better".

We decided to amend our particulars of claim via permission of the court with a hearing.

A hearing date was set. 1 week before the hearing the defendant solicitor has contacted us stating that the defendant would agree to the amendments but only if we pay the defendants cost to amend the defence.

1. The defendant wanted the particulars of claim amended if not struck out.

2. The defence stated the only facts the rely upon are... Building work was done, we spoke with them before and after completion of the works, they requested evidence, we took them to court.

For 3 year we have been trying to find out what part of this whole issue they don't agree with other that all of it, the response to the letter before action only stated they deny everything and will be getting their own surveyor to do a report.

Also could anybody advise and what happens at an amendment hearing amd how to prepair.

Thankyou

[Pezza54]

Please read CPR 17 and especially Practice Direction 17 - Amendments to Statements of Case
First para in PD 17
"A party applying for an amendment will usually be responsible for the costs of and arising from the amendment"
The solicitor is asking for his costs to amend the defence, following that rule

How much the defendant has to amend the defence depends on the extent of your alterations to the claim.

If you haven't already sent the court a copy of your amended statement of case, the judge may want to discuss it and give orders how the particulars of claim should be amended (see PD 17) and set a time limit

[Leigh123]

Thanks for the reply Pezza54 , I've had a look at PD 17, I was a little confused because the Defence only served to attack the layout/format of my original particulars of claim, with little mention to the claim its self and requesting I amend my particulars.

I've requested to changed the layout and provided 'better and fuller' particulars in the hopes of moving things along with the Defendant. I think I'll just wait until I am ordered next time.

[Pezza54]

No recognised cause of action and better and fuller particulars is more than just amending the layout

[Leigh123]

Sorry i meant I submitted better and fuller particulars and cause of action as requested