Do I need to use N244 application to amend particulars before served? URGENT

[Guest]

Hello, I filed N1 claim form with particulars of claim attached to CCMCC to be issued and returned to me for service. So it must be served by me within 4 months.

I wish to amend the particulars of claim before the claim is served on the defendants.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------- Amendments to statements of case

17.1

(1) A party may amend his statement of case at any time before it has been served on any other party.

(2) If his statement of case has been served, a party may amend it only –

(a) with the written consent of all the other parties; or

(b) with the permission of the court.

(3) If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4.

(Part 22 requires amendments to a statement of case to be verified by a statement of truth unless the court orders otherwise)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------

What is the correct procedure to do this? (I don't understand court jargon)

Do I need to make an application to the court using form N244? and send the court the amended particulars.

I have not served anything yet. under 17.1(1) permission of the court is not required but surely I need to send the amended version to the court? Does the claim form need to also be sent back and resealed with the amended particulars if I am changing the particulars?

OR

Can I just amend the particulars (include the line at the bottom confirming they are amended with date) and serve it to the defendants without the court being involved?

Help because i'm running out of time and the post is delayed due to COVID.

[Leaf]

https://legalbeagles.info/forums/for...practicalities

[snowman]

https://legalbeagles.info/forums/for...practicalities

Please see post #5 in that link, it asks the same question but it was not answered.

Is there any difference in what the claimaint must do under 17.1(1) and 17.1(2)?

If the particulars of claim has not been served yet 17.1(1) applies and no permission from the court is needed but does an N244 application have to be made anyway?

(If the claim form and particulars of claim have already been served then 17.1(2) requires the court's permission, so an application using N244 must be sent to the court for the amendment to be approved but it is not clear if the same procedure must be followed under 17.1.)

Why would a claimant be required to make an application using N244 if the particulars have not been served yet?

What must the claimant send the defendants and the court if he changes his particulars before he serves the claim on the defendants?

IS the claim form N1 and particulars of claim together considered one entire document such that a change to the particualrs would require the whole claim form N1 and particulars to be sent back to the court and re-sealed before they can be served?

[Leaf]

An N244 application is not required to amend the claim before service - just send in the new claim particulars to the court with a covering letter requesting they replace the existing claim particulars. The new claim details should be sealed and sent back to you ahead of service.