amended poc help

[colin813]

Re: amended poc help

Received a letter yesterday asking for available dates so the claimant can list a case management conference.

Can the claimant ask the judge to allow their amended poc at this hearing ?

[teaboy2]

Re: amended poc help

This link will help you nderstand what a case management hearing is ment for - http://www.justice.gov.uk/courts/pro...ules/pd_part29

As far as am aware they need to make an application to the court to admened their Statement of case, which will be heard at hearing before a court decides to allow it or not. To me it sounds like they are going stright to case management hearing to set a trail date. Though be prepared to argue against their admendment of statment of case using the info posted previously.

[colin813]

Re: amended poc help

Thanks again teaboy

As the courts have all the information regarding the case, due to the summary judgement hearing I imagine they will set a trial date soon.

Any guesses on how soon... 4 weeks

[teaboy2]

Re: amended poc help

Hard to say Colin, as it depends on if they have a backlog of cases to hear etc.

[colin813]

Re: amended poc help

Compagnie Noga d'Importation et D'exportation v Australia and New Zealand Banking Group Ltd and others [2005] EWHC 225 (Comm),

I'm looking for more examples of the one above, can anybody cite the case if they know of any.

Many thanks

[miliitant]

Re: amended poc help

pleaae leave any reference to case law out of this , you will end up with egg on your face

the key is to keep things simple

your problem on amended POC is delt with under practice direction and cpr

[colin813]

Re: amended poc help

Thanks for the advce miliitant, i totally agree.


Have recieved a letter from the claimant saying due to my absence of agreement to the proposed amendments they have no option to issue a formal application and will ask the court to deal with it at the cmc.

they have asked for my reason to refuse so they can inform the court of my position. Do i give my reasons?


Or is now the time to cite the case kindly provided by miliitant lol

[miliitant]

Re: amended poc help

to be honest you realy do not have to give a reason

they have to prove your guilt as such, not you prove your innocence

they should have a valid claim before they start litigation

let them pay for the application and tell you will put your reasons to object in writing then via a witness statement

stuff em


send them an email as state this

thank you for your letter dated xyz stating that you have no option but to issue a formal application to the court for proposed amendments to your particulars of claim

as stated in my last correspondence, i will continue to object to your application.

when i receive directions from the court as a result of your application, i will then, and only then respond with my objections via a witness statement for the courts consideration

they are starting to clutch at straws, me thinks they will withdraw soon now

[colin813]

Re: amended poc help

Thanks nice one


So now is not the time to cite the case you provided

[miliitant]

Re: amended poc help

why give them your ammo/defence to the application in advance

its a guessing game now, think of it as a game of chess

they have to pay for the application, they will start to wonder if its worth carrying on and a commercial decision will soon have be made

relax

you are well and truly calling the shots on this one

[colin813]

Re: amended poc help

thank you

[colin813]

Re: amended poc help

latest update have recieved a letter stating

With regards to your objections to our clients amendments to its particulars of claim we are at a loss why you can not provide us with your reasons for your refusal to consent to the amandments to the poc. notwithstanding your stance we shall prepare our clients application for permission to have the poc amended which we will request to be heard at the cmc.

Any advice welcome

[miliitant]

Re: amended poc help

they have to state the reasons why they want to amend their poc you do not have to give a reason, they are prosecuting you in court. INNOCENT UNTIL PROVEN GUILTY, EVEN THOUGH ITS ONLY A CIVIL COURT, THE PRINCIPLE IS STILL THE SAME. they have to prove a case against you, not you to prove innocence

[miliitant]

Re: amended poc help

they have to state the reasons why they want to amend their poc. you do not have to give a reason, they are prosecuting you in court. INNOCENT UNTIL PROVEN GUILTY, EVEN THOUGH ITS ONLY A CIVIL COURT, THE PRINCIPLE ARE STILL THE SAME. they have to prove a case against you, not you to prove innocence. send a email back stating you refer to your last letter that any objections to amending the poc will be made via a witness statement when you receive court directions, that all you have to do. they are trying to work out your defence in advance, stuff em