correct way to amend my particular of claim

[basketball14]

I have made a claim in 2013 to the council for not paying me wage. When i first did the claim I did not understand the court rules. At the pre - hearing the lawyer for the defendant said that we need to be struck out because we never follow the court rules. The judge said we need to have mediation before a certain date but the defendant did not co -operation so I put through a summary judgment. The lawyer for the defendant oppose it and said Mediation would be unfruitful and that our particuliar of claim did not follow the court rules. The judge ask for me to send calculation to defendent and witness statement. Should i still correct my particuliar claim as the defendant keep asking me or do I have to wait for the judge. How do I correct my Particuliar of claim. I did do an amendment without changing the orginal on separate page but now realised it still was not done properly. How do i correct this separate page and the original particular claim. The judge is also going to give us a final hearing as well sometime before September

[stevemLS]

Re: correct way to amend my particular of claim

Look at CPR 17.

You need either a) the written consent of the other side, or b) permission from the court.

If you have to get permission you would complete a standard Application and would have to pay the application fee (£155).

Ir is difficult to say how you might need to amend them without sight of them.

[basketball14]

correct way to amend my particular of claim

I have being battling with the Council over payment of wages since 5th January 2009. I along with four other had a group interview where offered employment at the same time to open a brand new Children's centre. I became the supervisor as I was the only one who had the correct qualification. At the interview it was agreed we could bring in our children as they were all under five. Mine being the youngest. After a while i was bullied by college and centre manager and barred from coming into work. I spoke to the Head teacher who called me an enthusiatic volunteer and said that they had be complain about me breast feeding. He also said I need to ind childcare before i would be offer a contract even though everyone who had started the same time had a contract. He also said he hope that i will be happy somewhere else. All this was written to me by email. I also was not paid but everyone else was. I consult trade union Unison who help me constructed a greivance letter. I had a meeting with management team and HR and they agreed pay and compensation up to April. I was in discussion over the compensation and brent changed their mind in September saying they will only pay wage. I missed the three month Trubal deadline but the judge did see me anywhere this was in sept 2010 but he strike my claim out because of time limit. I was claiming for age discrimination( for my child), bully, wages but now I have to pursue my claim in the County court which I have six year in that time I became homeless so i pursue the claim in dec 2013 in county court. My original particuliar of claim went like this

Address of claimant

Defendant's address

Brief details of claim
Payment for wages owed
Notice pay

Value" I expect 9,000 but not more than 25,000

Particular of claim
1. The claimant went to the employment Tribunal. The hearing was judgment pre - hearing review at Watford by judge hogarth oc
2. The claimant's claims were issued out of time
3. Defamation of character by Brent council for not being an employee hired by the council etc
Claimant
8% interest pay
compensation pay for stress and distress
compensation pay for great fiancial hardship
compensation for defemation of character
The defendance defence was that they did not owe me anything and claim that i was a volunteer and said that my particuliar was weak
at pre hearing everything was strike out but wage owe 2014. The judge did suggest mediation but the defendant did compliance so i did a summary judgment which the defendant opposed and offer me a settlement. We went for a hear April 14 which the defendant said they wanted calculation and witness statement which was agreed for 28 April. I did originally amend my particuliar of claim in red without strike out any of the points in original particuliar of claim i now realised this was also wrong.
Can i amend both even though the second id in red.
the amend one is
Amended Particuliars of claim/defence cpr rule 17.1(2a)
1. current address because i moved
1 Breech of contract
2. Unlawful deductions from wages
3. wrongful dismissal
Particular of claim
1 C;laimant is a employment of etc
2Claimant started work etc
3 wages was paid to four member etc
4. invention of Unison and meeting with mangement and hr
5 Missing deadline of trunbal
6 as recorded by judge hagarth employment trunbal
7. the claimant has not paid since
8 the claimant claims
(a) weeks of lost revene at this total at
(b) interest and damage
Does this sound ok

[stevemLS]

Re: correct way to amend my particular of claim

I'm not sure I have correctly followed the events here.

What did you have IN WRITING to say that you were an employee?

How many weeks wages are you talking about? What is the value of the claim?

It is a long time since April 2014 for this to be hanging about - what has happened with the court since then?

Forget about defamation, would be my suggestion.

[basketball14]

Re: correct way to amend my particular of claim

Look at CPR 17.

You need either a) the written consent of the other side, or b) permission from the court.

If you have to get permission you would complete a standard Application and would have to pay the application fee (£155).

Ir is difficult to say how you might need to amend them without sight of them.

I wrote a more concise txt in the employment forum under the same heading Re: "Correct way to amend my particular claim"

[Kati]

Re: correct way to amend my particular of claim

I wrote a more concise txt in the employment forum under the same heading Re: "Correct way to amend my particular claim"

I've merged your threads

[basketball14]

Re: correct way to amend my particular of claim

sorry I meant April 14 2015. I have got acceptable letter offering me employment and written timetable to say that I am employee. I have got a lot of evidence that is not the problem. The council knows that I was employed but because I do not understand the law, I do not have a lawyer and do not know how to argue my case. I would of won at the trunbal and the judge in so much words said that and rebuke the defendant but there is a strict time length. Now the council is relying on the cpr rules my mistakes of not being concise on particuliar of claim. Also there is a limitation period. The judge has not given us a final hearing but he is in the process of doing so.