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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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i am preparing multi-track case management conference

i am preparing for a... Show More
i am preparing for a multi-track case management conference re a case against my builder
i want to file an amended statement of case. Do i first need the courts permission or can `i file without?
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Hi thanks for your question, I will assist you with this.
I am afraid you will need the other parties consent or consent of the court - I would suggest you review the CPR Part 17 - this is the link:
If you are at the point of preparing directions, you could propose these in the draft directions, if these are agreed by the other side and submitted to the Court early in advance of the Case Management Conference you may not need to attend and the proposal to amend will be included in the order. Alternatively the Court may still require the parties to attend, but can approve the same (even if opposed by the other side).
I hope this assists. If you have any further questions, please ask.
Customer reply replied 3 years ago.

Can I also separately forward them to the other side?

The directions?
Customer reply replied 3 years ago.

No a amended statement of case

Does the amended statement of case change the matter significantly or not? Do you think they will consent to the changes?
Obviously you are going to have to provide these to the other side, but perhaps tactically it is not the best to send them to them too far in advance - especially if you believe they may not consent.
I would suggest you seek consent from them setting out briefly the reasons why you wish to amend the statement of case, then if they agree to this, send a copy of the amended statement to them and to the Court.
Customer reply replied 3 years ago.

Thank you very helpful.

The court has not explicitly directed the preparation of a DQ and the case was already allocated to multi track

Is DQ before CMC still advisable if not required?

A DQ is required it is not optional.
When the defence is filed, a court officer provisionally decides the track which appears most suitable and serve on each party a notice of proposed allocation. Therefore whilst it is set as a multi track at this stage, this is a provisional allocation.
You must file and serve a DQ and the parties should also file proposed directions prior to the CMC - it is at the CMC that the Court will decide if the track and proposed directions are reasonable.