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Amending statements of case

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  • #1

    Amending statements of case

    Dear all,

    I am considering amending my particulars of claim issued in a County Court. Is one subject to legal costs of the other party when making such an application?

    I have looked at this thread but this point remains unclear:

    http://legalbeagles.info/forums/show...Practicalities

    Many thanks.
    Tags: None
  • #2
    Re: Amending statements of case

    seems quite clear to me on the first line of that thread. If the POC has been served, you can amend without court permission if consent is received, if not you require permission and an application would be needed with the relevant fee.. which is now £255 I believe
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
    • 1 thank

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    • #3
      Re: Amending statements of case

      Originally posted by R0b View Post
      seems quite clear to me on the first line of that thread. If the POC has been served, you can amend without court permission if consent is received, if not you require permission and an application would be needed with the relevant fee.. which is now £255 I believe
      Thanks Rob.

      I am not concerned with the court fee as I am exempt. I am concerned about any cost application made by the other side for having to reconsider their position. I am not sure if that could be an issue.

      Comment

      • #4
        Re: Amending statements of case

        Well usually, costs would be usually be made against you for their time on the application and having to re-amend their statements of case. Obviously consent will help to reduce costs and if they refuse for no good reason then costs could be awarded against them for poor conduct.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
        • 1 thank

        Comment

        • #5
          Re: Amending statements of case

          Originally posted by R0b View Post
          Well usually, costs would be usually be made against you for their time on the application and having to re-amend their statements of case. Obviously consent will help to reduce costs and if they refuse for no good reason then costs could be awarded against them for poor conduct.
          Thanks Rob.

          In this case they have not responded to the pre-action letter or filed a defence so I would think they would have suffered no prejudice.

          Comment

          • #6
            Re: Amending statements of case

            I am reading the book 'Small claims Procedure - A Practical Guide' and it suggests as follows:

            "In a small claims case the 'no costs' rule means that that the amendment will not usually attract a penalty in costs unless the amendment can be classed as 'unreasonable behaviour'."

            I take it all costs applications are made once a case is concluded and assigned to a track (if it gets that far of course)?

            Comment

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