Application to Amend Defence

[dancingdawn]

Hi

I wonder if anyone can help me?

I need to apply to amend my husband's defence a county court claim and I cannot find a form for it. The nearest I can find is a Notice of Application pursuant to Practice 17 Amend a Statement of Case??

Please help if you can.

Dawn

[Amethyst]

Re: Application to Amend Defence

N244 is the right form yes

1: Complete form N244 Application asking the court for permission to amend the claim. You will need to pay a fee (application without consent £155) unless you qualify for fee remission (form EX160A)

2: It is preferable to attach the proposed amended statement of case to the N244

- you need THREE copies of the amendments
- You must strike through anything you are changing on the original claim in RED
- The new statement must be in RED/underlined the changes in RED
- The new statement should be titled ' Amended Particulars of Claim/Defence under CPR rule 17.1(2)b dated XXXXXXXXXX'

Have you been ordered to amend ?

[mystery1]

Re: Application to Amend Defence

https://www.justice.gov.uk/courts/pr...l/rules/part17

There is no form for the amendment. If you need to get the courts permission then you need to make an application which, as stated above, is form N244.

M1

[dancingdawn]

Re: Application to Amend Defence

Hi no we had a summary judgment prior to xmas at which the judge agreed we had a defence but told us that we needed to evidence the case. We have found evidence under the Unfair Contracts 1999 and London General Omnibus v. Holloway 1912 so understood that we need to add this into our defence to strengthen it.

[Amethyst]

Re: Application to Amend Defence

Ahhhh okay, so the claimant asked for summary judgment and the judge declined, accepting you had a defence you just hadn't evidenced your defence enough.

Could you possibly post your defence ? And any order you have had from the court following the hearing pls. And give a little bit of background.

I don't think the Judge wanted you to file an amended defence, more likely provide a witness statement and evidences to back it up. If he has ordered an amended defence, then no need to apply as you already have permission so it's just a case of filing the amendments.

Did you provide anything other than your original defence before the SJ hearing ?