ive got to write and amendment claim and send it to the new defendant because the other ones been struck out how will the court now ive served it on
Need help with an amendment claim
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Re: Need help with an amendment claim
Permission for the claimant to amend the claim form to add blank as a second defendant. The amended claim form must be filed and served by 4pm on the 20 may 2016.
There be summary judgment in favour of the 1st defendant and the claim against her stands dismissed.
Theyve told me to do this but i dont understand it
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Re: Need help with an amendment claim
You need to file with the court and serve on the defendant an amended claim form as per court instructions in accordance with CPR part 17
https://www.justice.gov.uk/courts/pr...l/rules/part17
and https://www.justice.gov.uk/courts/pr...rt17/pd_part17
Don't forget the statement of truth
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Re: Need help with an amendment claim
You have said you have "Permission for the claimant to amend the claim form to add blank as a second defendant"
Part 17 states the Court Procedure Rules if amending a statement of case.
I know of no other directions to comply with.
Others might know of a different set of rules!!
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Re: Need help with an amendment claim
https://www.moneyclaimsuk.co.uk/cred...dant-name.aspx
With a link to the N244 formCAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
- 1 thank
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CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick
- 1 thank
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Re: Need help with an amendment claim
As you have the court's direction you need to follow that.
From what you have posted you need to file and serve an amended claim form as per Practice Directions 19A
The example linked to in Charity's post (does that girl never sleep?) needs to be tweaked to reflect the fact you already have the court's permission.
Addition or substitution of defendant
3.1 The Civil Procedure Rules apply to a new defendant who has been added or substituted as they apply to any other defendant (see in particular the provisions of Parts 9, 10, 11 and 15).
3.2 Where the court has made an order adding or substituting a defendant whether on its own initiative or on an application, the court may direct:
(1) the claimant to file with the court within 14 days (or as ordered) an amended claim form and particulars of claim for the court file,
(2) a copy of the order to be served on all parties to the proceedings and any other person affected by it,
(3) the amended claim form and particulars of claim, forms for admitting, defending and acknowledging the claim and copies of the statements of case and any other documents referred to in any statement of case to be served on the new defendant.
(4) unless the court orders otherwise, the amended claim form and particulars of claim to be served on any other defendants.
3.3 A new defendant does not become a party to the proceedings until the amended claim form has been served on him2.
A claim form is amended by striking through in RED and replacing the struck through words in RED (CPR 17 2.2 et seq)
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