Ask a Law Question, Get an Answer ASAP!
FAO Alex Watts. I have submitted N181 and accompanied this with N244 requesting the addition of a second defendant and also requesting an amendment to the POC. The court has returned my N244 and requested that I complete an N1 for each defendant.
The court letter says “You will need to provide a copy of the N1 CPC for each proposed defendant”. The N1 has room for 2 defendants so do I just put both defendants on this form and then send in the N1 plus 2 copies so that the courts can send on?
Many thanks Peter
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.
Yes you need a draft N1 and particulars of claim.
Some Courts make you file this with the Form 244
Others give permission and then you need to file it
But clearly there the court wants you to do it now
You put both Defendants on one, calling one first defendant and another second defendant
Can I clarify anything?
When I filled the original on-line N1 in as I didn’t know how the claim amount would be automatically entered in, I ended up submitting a base claim value higher than it should be (basically I included the interest). Shall I amend the claim amount to reflect the correct amount?
Do I do this in the covering letter to the court or can I insert some words on the N1 to explain. The later would be preferable as when the Courts send the N1 out to the defendants they would then get visibility of the revised claim amount?
The court instruction is to complete the N1 with the original claim detail in black and then add additional POC detail in red and include as an attachment if box isn't big enough. My original POC was just a few lines the revised one is some 3 pages. So does all of the 3 page attachment need to be in red text? I guess so but just wanted to check.
You just need to amend the existing value by providing a new particulars of claim
Strike through the old value in black and put the new value in red
Only the amendments need to be in red
If you are submitting a new claim (which you are) then it needs to be in black
Does that help?
Sorry to be pedantic. So I complete the new N1 so that it mirrors the original N1 submitted. I add the second defendants details in black text. I highlight any alterations to the original details including strike outs by using red text. I make reference to my new POC attached to the N1 and complete this new POC in black text. So is the rule that any additions are in black and it is only amendments to the original text that are highlighted by using red text. Is that right? Thanks.
Thank you ... again