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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Adding a second defendant. Hi, as you suggested I have by

Resolved Question:

Adding a second defendant. Hi, as you suggested I have by way of N244 asked for the permission of the court to add a second defendant. In brief the claim is against the first defendant, however he has established and transferred the money in question to a Limited Company X. I believe the claim against him personally is valid and it is crucial that the second defendant is added in as Company X is part of the jigsaw. That said I have only just started correspondence with Company X, I have not yet done the correct pre-action protocol stuff with Company x and so I am concerned that this may prevent the courts from adding in the second defendant. Also I don’t want to really have to start a separate claim against Company X. The first defendant started company X and is a director of that company and so the whole thing is I believe one. Can you give me your thoughts on the likely outcome?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Yes that seems fine.

Alex Watts :

Therefore the Court ought to allow the amendment

Alex Watts :

The Court will probably also allow the Defendant 14 days to file a defence

Alex Watts :

Does this help?

Customer:

Yes thanks. Immediate response again. Do you ever have a rest?

Customer:

Final thing:

Alex Watts :

Yes?

Customer:

N181. does the defendant get one of these to complete and return (serve on the claimant) within the same timescale as the claimant has to return its N181?
Also
When a document is served does that mean that you have to make provision to get it there on the date stated. I guess it does. So if you intend to just use first class post do you will need to factor in a couple of days in transit to ensure you hit the required date?

Alex Watts :

Well the form N181 doesn't have to be sent to the other side.

Alex Watts :

But the Court Orders when they have to be returned, this is normally the same date

Alex Watts :

You just use first class psot

Customer:

Sorry to be pedantic.

Alex Watts :

Yes?

Customer:

I presume that you have to build some slack in if you just use first class post so taht you definitely hit on or before the 'serving' date

Alex Watts :

2 days after first class posting is deemed served

Alex Watts :

Does that help?

Customer:

OK still being pedantic.... so if I get a proof of posting on day 1 (which could be last post), then the deemed served date will be day 3. ie i need to leave 2 full days and presumably these are working days?

Customer:

Just want to get it right.

Alex Watts : You don't need proof of posting,
Alex Watts : You just need to post it 1st class two days before due,
Alex Watts : Does that help?
Customer:

Thank You

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