Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
What is the CMC for, anything in particular?
Has the Claimant made an application to amend the proceedings please?
I think the judge wants to get an idea of where the case is at the moment. No application has been made yet.
Ok - is the Claimant a litigant in person? Is this the first CMC?
The claimant is being represented by a solicitor. I am a litigant in person. This is the first CMC.
Ok - what is the value of the claim and what type of claim is it?
£49,000 multi track
Ok - why do they need to amend proceedings?
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.
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
You can argue if its not in your favour they should not be allowed to do it because it has been so long
They should do it promptly - they have not
Yes, the cmc is about 18 days away and I'm still not sure what the case against me is.
Ok - doesnt it say it in the pleadings?
At the moment the case is a £49,000 loan, the directions q states that pleadings need to be amended.
Ok - has it been allocated to track yet?
yes multi track
Ok - well they should amend the pleadings asap.
You can consent to that if you wish
And you can file an amended defence.
If you are represented then you can ask for costs to amend the claim because they should have done it right
what is the formal process for amending?
They make an application to Court.
How long does the process take?
To amend. They make an application. the court either allows or dissallows.
They then have to serve an amended claim if allow say within 14 days
You have 28 days to file an amended defence.
Can I argue that an amendment should not be allowed?
Yes you can.
You can do this at the CMC
Thanks for your help today Alex.
Happy to help - can I clarify anything for you?
That's all, thanks bye
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
If you need more help please click reply