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Need help with an amendment claim

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  • Need help with an amendment claim

    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
    Tags: None

  • #2
    Re: Need help with an amendment claim

    A little scarce on the details there...?

    Comment


    • #3
      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

      Comment


      • #4
        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

        Comment


        • #5
          Re: Need help with an amendment claim

          is this definitely what i have to do because if its wrong i get struck out im not trying to cloud your judgment

          Comment


          • #6
            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!!

            Comment


            • #7
              Re: Need help with an amendment claim

              Thanks for the help

              Comment


              • #8
                Re: Need help with an amendment claim

                what form do i need to write on and send?

                Comment


                • #9
                  Re: Need help with an amendment claim

                  https://www.moneyclaimsuk.co.uk/cred...dant-name.aspx

                  With a link to the N244 form
                  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

                  Comment


                  • #10
                    Re: Need help with an amendment claim

                    https://www.justice.gov.uk/courts/no...sked-questions
                    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

                    Comment


                    • #11
                      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)

                      Comment

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