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On what grounds can a defendant object to an amended poc
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Re: amended poc help
if the perticulars of claim have no bearing on the original poc
was an n244 application put in requesting to vary the poc -
Re: amended poc help
No sir
They have asked for my consentComment
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Re: amended poc help
Hi Colin
Welcome to LB - I noticed you made 2 other threads asking the same question at different times today. Please refrain from posting duplicate threads, i know you want answers to your question ASAP but the members here advise on a voluntary basis, giving up their own time. So a user like militant who is now helping you, would've answered you in your first thread eventually like he has done in this one. Please just be patient.
Now at what stage of proceedings are you at - Have you sent a CPR31.14? had you entered your defense already? what are their reasons for amending the claim?Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: amended poc help
Yes sir all of above, the claimant applied for summary judgement and lost.
The claimant said x is liable because of y the term they relied on was unfair and unenforceable.
The claimant is now stating x is liable because of y please agree to the amended poc unless you have a reason to objectComment
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Re: amended poc help
So they are saying Y is liable for the term being unfair and unenforceable. Yet are wanting to issue a new claim after they lost summary judgement in order to claim Y was liable?Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: amended poc help
I'm not sure what you mean.
The claimant relied on a contract term to enable them to obtain a summary judgement. They lost their application as the term they relied on was contrary to the uttcr
They have now sent me an amended poc and have asked for my permission to allow it.
My question is on what grounds can I refuse.
ThanksComment
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Re: amended poc help
Sorry i assumed X and Y meant claimant and defendant in that order!
So the real question is - Now that the term they were relying on has been judged by summary judgement as unfair and unenforceable - therefore they lost in court and would need to issue a new claim with permission of the court prior to issuing. Why are they now sending you an amended POC for the same claim?
If am not following here, then we will need more details about the original claim, court judgement and their new claim - You may PM it to me if you prefer to keep it private and not put it on public forum.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: amended poc help
The claimant is asking for an amendment in accordance with cpr 17.1.2a
I'm sorry haven't pm as I need to keep the details of the case confidential. No offenceComment
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Re: amended poc help
Right ok, well you can refuse permission but without knowing what the case is about or what their original and new POC actually are is impossible to advice on what grounds. But they may still apply within the CPR rules for permission from the court to amend - Though am assuming the court instructed them to do so when they lost on summary judgement. Though i would have though their claim would have been struck out due to know chance of success according to the original POC's, but then as i said without knowing the in's and outs it difficult to advise you precisely on what to do or say.
Good news is that they are asking you likely because the judge may refuse them permission. So they are asking you to get round having to get permission from the court. Thats how i would see it.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: amended poc help
Thank you tea boy for the time you have taken to read and respondComment
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Re: amended poc help
Just one question colin.Originally posted by colin813 View Post
When you said they were unsuccessful in getting a summary judgement - what did the judge rule at the summary hearing, did he dismiss their application, strike out or dismiss their claim or give a conditional order?
Depending what the judge gave out of the above, they may not have the right to even be attempting to carry on the claim let alone amend it.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: amended poc help
Thanks again tea boy
In a nutshell the judge said I refuse summary judgement unless the claimant can show xxxx
It may therefore in the absence of a suitable amendment , if permitted by a future order of the court, the action would fail to be dismissed.
Hence the claimants request for an am mended pocComment
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Re: amended poc help
I see, well if you refuse the amendment they would need permission from the court which would need another hearing, question is does the amendment effective the chances of your defense being successful, and would they be willing to go to court to get the permission for the amendment?Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: amended poc help
The amendment is alleging the opposite to my original defence.
The facts have always been known to the defendant and they chose not to challenge my version of events. They relied on a contract term that was unfair.
Now they wish to challenge my version of events some 20 months later.
Have I another cause of defense as in an estoppel hmmmmComment
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