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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am in an action which is on the multi-track and the trial

Resolved Question:

I am in an action which is on the multi-track and the trial is about 2 months away and the PTR about 5 weeks. I feel I need to amend my defence. Will I be allowed to at this point?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

Without permission from the court no.

Alex Watts :

You need to make a formal application using form n244 to amend the defence.

Alex Watts :

You need to say why you are amending it and what to.

Alex Watts :

Form N244 is here:

Alex Watts :

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

Alex Watts :

You may have to pay the costs of the Claimant reply to defence.

Alex Watts :

But you must get permission from the Court

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

In part the amendment is required because an important area of their claim is not particularised and I only found out what this is about last week when it was conveyed to me by their counsel. I also wish to include a defence of Change of Position which I am certain will defeat their claim.

Alex Watts :

They should apply to amend their claim, but need permission to amend the defence.

Alex Watts :

You can say why this is and the fact it was not particularised.

Alex Watts :

But you do need permission

Alex Watts :

Does that help?

Customer:

They don't seem to be aware of the need to amend their claim but yes, that does help. Thanks

Alex Watts : Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
Customer:

Well they have said that they will oppose any application to amend my defence. How can they do that?

Customer:

It's also worth noting that I before Christmas I sent them a request for further and better particulars on the matter but still they were not forthcoming

Alex Watts :

Ok - you should have made an application to Court for better particulars if they refused.

Alex Watts :

So you can apply to amend your defence, they can object and you can see what the Judge says

Alex Watts :

Does that help?

Customer:

Yes. Thank you

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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