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Hi, I'm looking for some advice about amending my Particulars of Claim to make it fully compliant with CPR 57.7 and the Wills Act.* My case was heard at The Rolls Building Chancery Division (it was only the costs and case management hearing,not the actual hearing) and the Deputy Master was incredibly kind to me as a litigant in person, directing to me Lincolns Inn for the advice I need.* Unfortunately the country went into lock down 2 days later and i have not been able to access anywhere for help.* I have spent the past 3 and a half years fighting for my case to get to court and* if I Can't get this right it will be struck out and all the stress, tears and misery would have been for nothing.* Can anyone advise me as to how to amend my Particulars of Claim, do I have to re-write the entire thing or just add bits to direct the judge to what I am asking?* I have not yet received the sealed order from the court and am working from the Draft Minute of Order supplied to me by the defendants' barrister.* The wording is as follows:*
1. THE AMENDED PARTICULARS OF CLAIM SHALL BE CIVIL PROCEDURE COMPLIANT.
2. THAT THE CLAIMANT SHALL SET OUT IN DETAIL IN THE AMENDED PARTICULARS OF CLAIM HER CASE AS TO PROPOUNDING (IS SO ADVISED) OF THE ALLEGED WILL AND TESTAMENT* OF THE LATE *********** (DECEASED) SAID TO BE DATED ******* AND/OR IT MEETS THE REQUIREMENTS OF THE WILLS ACT 1837, SECTION 9, AS SUBSTITUTED BY THE ADMINISTRATION OF JUSTICE ACT 1982.
3. THAT THE CLAIMANT SHALL SET OUT IN DETAIL (IS SO ADVISED) IN THE AMENDED PARTICULARS OF CLAIM HER CASE AS TO HER CHALLENGING THE LAST WILL AND TESTAMENT OF THE LATE ******** (DECEASED) DATED ***** AND ANY SUCH CHALLENGE WILL BE FULLY COMPLIANT WITH THE REQUIREMENTS OF CPR 57.7
Any advice will be most appreciated, thank you in advance!
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1. THE AMENDED PARTICULARS OF CLAIM SHALL BE CIVIL PROCEDURE COMPLIANT.
2. THAT THE CLAIMANT SHALL SET OUT IN DETAIL IN THE AMENDED PARTICULARS OF CLAIM HER CASE AS TO PROPOUNDING (IS SO ADVISED) OF THE ALLEGED WILL AND TESTAMENT* OF THE LATE *********** (DECEASED) SAID TO BE DATED ******* AND/OR IT MEETS THE REQUIREMENTS OF THE WILLS ACT 1837, SECTION 9, AS SUBSTITUTED BY THE ADMINISTRATION OF JUSTICE ACT 1982.
3. THAT THE CLAIMANT SHALL SET OUT IN DETAIL (IS SO ADVISED) IN THE AMENDED PARTICULARS OF CLAIM HER CASE AS TO HER CHALLENGING THE LAST WILL AND TESTAMENT OF THE LATE ******** (DECEASED) DATED ***** AND ANY SUCH CHALLENGE WILL BE FULLY COMPLIANT WITH THE REQUIREMENTS OF CPR 57.7
Any advice will be most appreciated, thank you in advance!
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