Amending Statement of Case

[Debbie1608]

I need to amend my Statement of Case and understand I need to complete Form N244. I have written to the Defendant's solicitors since August 2024 seeking (a) proposals re settlement as an Order for Stay of Settlement was granted on 13/08/24. No response received despite several chase up emails. I noticed an error in the initial calculations and sought Defendant's Solicitor's consent on 5th September 2024. Again, despite several chase up emails no response received other than an email on 16/10/24 advising that they are seeking their client's instructions and delay has not just been down to the Defendant but also to them, as his solicitors, due to staff leaving. I have telephoned the Court today and been advised that to issue an N244 application (without a hearing) is £119. To issue with consent is also £119. However, I have seen a fee of £255 so not sure which is correct.

Can anyone advise of the correct fee please?
Can anyone advise in relation to wording for the Consent Order please?
Do I send an Amended Statement of Case, supporting documentation with the N244 application form to the Court? I am planning to send via email so guessing I only need to send one document rather than the obligatory 3 if sent by hard copy?

Thanks in advance

[Pezza54]

Please read cpr 23.6 (a) and (b)
What you want the order for and why: The court's permission to amend the particulars of claim as the calculations are incorrect

23.8 (c)
The court can decide the application does not need a hearing

Complete and file N244
Q4 tick "No" let the court draft the order. It is quite straight forward
Q5 tick "without a hearing"

Enclose amended PoC no need for the full PoC just the amended page with calculations

Fee: £119

Cpr 23.4
Serve a copy of the application on the defendant

[Debbie1608]

Cpr 23.4
Serve a copy of the application on the defendant[/QUOTE]

If I send the completed N244 and amended "page" of the PoC via email to the Court (as they advised) who is responsible for serving on Defendant?

(a) Does the Court seal and send copies to both parties? or
(b) Do I have to serve on the Defendant at the same time I send the N244 etc to the Court, even though it will not have been sealed by the Court?

Amended "page" - do I "strikeout" the incorrect calculations and next to that "insert" the correct calculations in "red"?

Thanks in advance

[Pezza54]

Yes you can make the alterations in red
Yes serve a copy on the defendant if not at the same time asap after filing the notice
You should state in your email to the court that the application notice has/will be served on the defendant

[Debbie1608]

Thank you - you have been extremely helpful