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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I made an application to the court to amend particulars of

Customer Question

I made an application to the court to amend particulars of claim.This was granted, without a hearing on the 30th of December 2015 and stated that I should serve the defendants by 16th January 2015. My question is:
When I served the original claim form the issue Date was 5 days after the courts stamped it, does this 5 day rule apply for the amended claim form. I:E for the amended claim form should the issue date be the date of hearing 30th December or should it be 4th of January 2015?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
There is no 5 day rule. The claim for is dated x date and issued on x date. There is a difference between when they are dated and when they are issued.
Therefore there is no new issue date because the claim was issued when you first sent it to the Court. If you amend the claim you can simply refer to the original POC dated whatever date it was.
Can I clarify anything for you about this today please?
Alex