Civil Procedure Rules in County Court query: adding a defendant

[Esb]

Hi there,

I've been given a further opportunity to serve particulars of claim on my landlord as a substitute for the originals which weren't properly particularised. I have now complied with the Judge's Order.

My query is this: on the original claim form I only put the landlord's company name, but on the fresh particulars I've put the landlord's company name as well as the landlord herself because she is chief executive and is noted in the company policy documents as having full responsibility for ensuring all her company's employees and actions comply with current and future legislation.

After serving the POC's, I started wondering whether I needed to apply for permission to add the Chief Executive as a defendant. Is this something I should have done ...? before serving the POC's...? is it too late to do it and will there be adverse consequences for not doing?

as a litigant in person I've had two 'unless' Orders from the Judge already. He's reserved the case for himself so now that he seems to be warming up I really don't want him to cool off again.

Grateful for any advice, thank you X

[stevemLS]

Re: Civil Procedure Rules in County Court query: adding a defendant

If you have issued against the body corporate there is little value to you in making the Chief Exec personally as a defendant.

This is dependent on the nature of your claim, the only value would be, I think, if you were alleging some kind of unlawful discrimination on her part.

By the sound of where you are, the less you do to irritate the judge, the better. The fact that the judge has reserved the matter to themselves could be seen as both positive and negative. The fact that you have had two unless orders is not good.

[Esb]

Re: Civil Procedure Rules in County Court query: adding a defendant

I am alleging discrimination the part of the Chief Executive and the organisation as a whole - her decisions aren't reviewable internally, and part of the claim is race discrimination, the other part is disability discrimination and both types of harassment. In her view it's acceptable that her employees display apartheid memorabilia in the public space where I live. The government has snatched away all non-legal remedies as eell as legal representation so I've had to go to court to try and get the harassment and discrimination to stop. The POC's have already been served with her name added to them. Will that make the Judge angry? I thought they were supposed to ge friendly to litigants in person..?

[stevemLS]

Re: Civil Procedure Rules in County Court query: adding a defendant

They do bend over backwards to help litigants in person in my experience, but you have already had two unless orders, in my experience, it is rare to have more than one.

Obviously we know nothing of the case, just go careful - if you have already served your amended PoC there is little to be done now. You will just have to see how the judge reacts.

In order to add a defendant you should have made formal application (and paid the fee) supported by evidence (i.e. a statement as to why she should be added), have you had a look at and complied with Practice Direction 19A

[Esb]

Re: Civil Procedure Rules in County Court query: adding a defendant

Thanks for the heads up. Just had a look at the PD but it in relation to adding defendants it only refers me to Parts 9, 10, 11 and 15 (doesn't say of what) and I can't find them through Google.

Regarding the 2nd Order, he sent that before he read my application to amend case to include disability discrimi/harassment and extend time. Either way, if you're poor and outside of the legal loop it's virtually impossible to get procedural legal advice these days the only exception being this forum apparently. It crunches down to the level of Art 6. right to a Fair Hearing which I've also included as part of my claim. I can't get a fair hearing unless the Judge is extremely helpful, because of the government's "austerity measures". Very sad.

[Esb]

Re: Civil Procedure Rules in County Court query: adding a defendant

I've found and read the Parts the PD19A referred me to re. Adding a defendant - there's no mention of how to add a defendant. I'm left wondering at what point will the Judge read what the case and decide it has merit to justify him helping me further? Could the defendants argue that because the POC have been served with an extra defendant without permission from the Court (albeit that the additional defendant is the CEO of the company being sued) the court doesn't have jurisdiction to proceed. Is this likely to happen? I've explained in the intro of the POC why she has been added, and the court hasn't refunded the last £280 fee I paid and it hasn't directly replied to the application made under that fee. So technically they already have my fee if a new one is to be paid, they just don't have the request to add new defendant.

[stevemLS]

Re: Civil Procedure Rules in County Court query: adding a defendant

Sorry Esb, Practice Directions are generally numbered according to the Part of the CPR to which they relate, so PD 19A relates to Part 19 of the CPR.

The judge will not look at the case file until the day of the hearing.

The defendants could attempt to persuade the court to strike out your amended PoC on the basis that you needed permission to add the further defendant - the fact that she is CE of the other defendant is immaterial.

It is possible that they would succeed in that, or given that you are an LiP, the court may strike out only that part of the PoC that relates to the CEO.

Unless it is a small claim, they would need to apply in advance for strike out.

If the whole thing were struck out that would effectively bring your claim to an end.

Am afraid I couldn't follow what you were saying about fees.

[Esb]

Re: Civil Procedure Rules in County Court query: adding a defendant

Thanks for replying. I paid a £280 fee to the court in lieu of my application to amend my claim to include disability discrimination. At the same time I applied for an extension of time to lodge the particulars. Although I sent these in time and before the Judge's 2nd Order, and though I received an acknowledgment from the Court, the Judge didn't reference the application in his subsequent Order. He then amended his Order to tell me unless I serve...giving the defendants the same amount of time as I had to serve their defence. For the record, the Court is aware I have several chronic medical conditions classed as disabilities, was hit by a car in April and am on medication as a result. I've had to bring the claim because the landlord is supposed to provide me with support services but has been withholding them since I complained of racial harassment and intimidation from one of her colleagues. She subsequently allocated him a flat in the block where I live. Though he failedto provide support at the time of the accident as was per my support plan, she then made him a responsible tenant here, responsible for assisting medically, andelderly vulnerable tenants in times of medical emergency. Despite the support being withheld, she still derives a commercial profit from the payments she receives from the local authority as she's set up as both a charity and a ltd company. The adviser from the local authority who intervened to help me in relation to the Apartheid meorabilia on the walls here and related comments, was reported to his manager by the landlord so he's stopped being as helpful. She fobbed off the Police initially, but they are back on her case now, There are more sordid details which I won't go into here. The main legal problem has been caused by my solicitor who flipped her advice on the merits of my claim after I'd lodged my claim following her advice. Nightmare

[Esb]

Re: Civil Procedure Rules in County Court query: adding a defendant

..unfortunately when I asked the landlord about apologising and acknowledging the offence caused and straightening out my support plan in return for me dropping the case, she insisted she would only do so if I agreed to move out, so am forced to continue otherwise it will never end, i have a secure tenancy here and was homeless for 5 years prior to this one due to the onset of my main disabling medical condition, the though of having to move out and forfeit my security does not bode well, but then neither does living with racism.