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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The court have ordered that the Claimant files and serves a

Resolved Question:

The court have ordered that the Claimant files and serves a properly amended particulars of claim.
I would like to know if what the Claimant has filed, complies with the court order
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Has the claimant sent you a copy?
Customer: replied 1 year ago.

If you let me have your email address, I will email you a copy of the original claim, the amended claim and the court order

Expert:  Ash replied 1 year ago.
***@******.*** - but it can take 2 days for admin to forward on.
Customer: replied 1 year ago.

I have sent the email with attachments.

why does it take 2 days to forward an email?

David

Expert:  Ash replied 1 year ago.
Because sadly that's how long admin can take, you can't email me direct
Expert:  Ash replied 1 year ago.
Hi I have these now.
They do not comply.
They need to set out:
1) Parties
2) Terms (express/implied)
3) Breach
4) Loss
The Practice Direction states when they refer to an agreement or contract they must attach it. In any event they need to set out in the claim form what the term was and how it was breached.
That has not been done and therefore does not comply.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thanks very much for your response, so the next move for the Defendant would be for them to write to the court requesting that the claim be struck out. Can you confirm that they do not need to do this by way of an application, but simply to write to the court?

Expert:  Ash replied 1 year ago.
Yes there is an unless order. You simply say that this does not comply with the requirements of Part 16 of the civil procedure rules and should be struck out,
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex