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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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For Alex, I am currently defending a civil claim and am

Resolved Question:

For Alex,
I am currently defending a civil claim and am due to attend a case management conference next month. The claimant's solicitor said that he would be amending pleadings over 3 months ago but has not done so yet. What is the process of amending pleadings and how long does it usually take?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is the CMC for, anything in particular?

Alex Watts :

Has the Claimant made an application to amend the proceedings please?

Customer:

I think the judge wants to get an idea of where the case is at the moment. No application has been made yet.

Alex Watts :

Ok - is the Claimant a litigant in person? Is this the first CMC?

Customer:

The claimant is being represented by a solicitor. I am a litigant in person. This is the first CMC.

Alex Watts :

Ok - what is the value of the claim and what type of claim is it?

Customer:

£49,000 multi track

Alex Watts :

Ok - why do they need to amend proceedings?

Customer:

First the claimant said he loaned £49,000, then he said he gave some property on trust and the last I heard from his solicitor, he is now saying that he has been cut out of his inheritance. In the directions questionnaire, his solicitor has stated he will need to amend pleadings. That was 3 months ago. Mediation failed.

Alex Watts :

Ok - what they need to do is make a formal application to amend the proceedings. They may ask to do this at the CMC but it should be by formal application

Alex Watts :

You can argue if its not in your favour they should not be allowed to do it because it has been so long

Alex Watts :

They should do it promptly - they have not

Customer:

Yes, the cmc is about 18 days away and I'm still not sure what the case against me is.

Alex Watts :

Ok - doesnt it say it in the pleadings?

Customer:

At the moment the case is a £49,000 loan, the directions q states that pleadings need to be amended.

Alex Watts :

Ok - has it been allocated to track yet?

Customer:

yes multi track

Alex Watts :

Ok - well they should amend the pleadings asap.

Alex Watts :

You can consent to that if you wish

Alex Watts :

And you can file an amended defence.

Alex Watts :

If you are represented then you can ask for costs to amend the claim because they should have done it right

Customer:

what is the formal process for amending?

Alex Watts :

They make an application to Court.

Customer:

How long does the process take?

Alex Watts :

To amend. They make an application. the court either allows or dissallows.

Alex Watts :

They then have to serve an amended claim if allow say within 14 days

Alex Watts :

You have 28 days to file an amended defence.

Customer:

Can I argue that an amendment should not be allowed?

Alex Watts :

Yes you can.

Alex Watts :

You can do this at the CMC

Customer:

Thanks for your help today Alex.

Alex Watts :

Happy to help - can I clarify anything for you?

Customer:

That's all, thanks bye

Alex Watts :

Happy to help. Please do take a moment to rate my answer before you leave today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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