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Ask ivorylounge Your Own Question
Category: Law
Satisfied Customers: 33517
Experience:  Barrister at Self Employed Barrister
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As a litigant in person I was advised at a previous hearing

Customer Question

As a litigant in person I was advised at a previous hearing by the judge to add my company of which I amThe sole director as a second claimant. I dispatched a letter with the amended claim form signed for delivery to both the court and the 2 defendants . I finished the letter to the court by saying I hoped I had adopted the correct procedure. whem I had to appear in court last Friday being taken there by defendants for security of costs a different judge informed me that he had no record of my company being added as a second claimant . Unfortunately I didn't take copies of the letter I sent to the court but having sent it signed for the court must have received it otherwise I would have received it back . When I returned to work after the court hearing I was able to email the judge a copy of the letter and proof of postage . The judge now informs me that there was an entry on their court computer on the 18 th of August despite me sending it on the 25 th of June - he informs me that he finds the following entry - " amended pic but no amended claim form second added " from that entry he interprets that an amended particulars of claim was lodged but not an amended claim form . Having failed to find copies of the forms I appealed to the judge that surely as both the defendants had added my company as a second claimant all parties must have received the forms. At the hearing last Friday because I was unable to prove or give him evidence forms were sent he immediately removed my company as a second claimant . It is also worth noting that the defendant at the hearing denied receipt of the forms despite all correspondence since then including second claimant . Despite my pleas to have the second claimant reinstated the judge refuses to assist telling me unless I have copies my request must be tefused . Is there any way I can get him to change his decision - I am only a litigant in person as cost capping order prevented my solicitor continuing
Submitted: 2 years ago.
Category: Law
Expert:  ivorylounge replied 2 years ago.
I am unclear as to what is to stop you from making a fresh application to amend now, particularly if he has not treated your application thus far. In the alternative you would be seeking to make either a relief from sanctions application - or appealing his decision. It is difficult on this forum to be more helpful - but it does appear to me that you may have options