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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, my director has asked for further help. For clarity, the

Resolved Question:

Hi, my director has asked for further help. For clarity, the stage we are at is that by court order, the court gave us 7 days to amend our claim form from Company A to Company B. We wrote explaining that we would like to continue with Company A but the court advised by letter in reply that we need to apply under Part 23 of the Civil Procedure Rules 1998 to do so. We then received a letter from the defendants barrister stating that as we are in default of the court order, ie to amend the claim form to Company B (within 7 days), the defendant cant respond (ie defend & counterclaim) and their 14 days to do so has also expired.
How do we proceed? Do we apply under Part 23 to reinstate Company A as the claimant and if so how do we do this or has the judge already ruled on this, As the 14 days has expired perhaps the defendant has already applied to strike out as they have intimated and how would we amend the current proceedings and add Company A in?
Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Thanks for asking for me again.

Alex Watts :

Yes I understabd,

Alex Watts :

You need to make a formal application to re-instate against A as well as amending to B

Alex Watts :

You complete form n244 and pay a fee of £155

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

That is the form

Alex Watts :

Does this help?

Customer:

thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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