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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I am minded to ask the court to amend a particular of claim,

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I am minded to ask the court to amend a particular of claim, which has expired. How do I go about doing so? What form should I send to the court. What words should I include in my statement for me to have a good chance of court
Granting it.
The one I sent to the defendant in time had some of the relevant information, wasn't set out chronologically, didn't give the costing although I refer to a judgement on the claim form, that was what I wanted the court to base its judgement on.
Do I have to have it signed?

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. The document you provided does not comply with the Civil Procedure Rules unfortunately. The format of particulars of claim are set out in Rule 16.4 of the CPR rules 1998 (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4) and should be in the form attached, for your reference.

It must be signed in a statement of truth at the end (see attached) under rule 22 of the CPR.
In terms of asking the court to serve an amended Particulars of Claim, if yours has already been served then permission of the court is needed. You therefore need form N244 (attached and also here: https://www.gov.uk/government/publications/form-n244-application-notice) and ideally a witness statement with draft order to set out the basis of your request. I attach a template for your reference - it should refer to asking the court for permission to serve amended Particulars of Claim. You need a fee of £255 payable to HMCTS when you file your application. You need 3 copies of the N244/statement/draft order, to the court, with payment of that fee. If you are on a low income, have low savings or in receipt of benefits then you can ask for a fee exemption - to do that you need to include one completed copy of EX160 (https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees).

I hope this helps and answers the question - please feel free to ask me anything else.

Have a good day,
Jim

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim

Customer: replied 13 days ago.
Thank you. What are the reasons can I give for asking for an amendment? Incorrect completion of form? Statue of limitations? Suffer more if this is not granted or inconsistencies in defendant statement of truth?

Generally the court allows amendments especially if you are not legally represented. You can say in the application that you have only recently consulted with a solicitor and you now know how the particulars of claim should be set out.

JimLawyer and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you. You are the best

Many thanks, ***** ***** good evening

Customer: replied 5 days ago.
Hi Jim
I have completed the particulars of statement which the solicitor asked me to send me to him, which I did. I thought that was the end of it. He is now saying that he still won't accept it. I need to withdraw the case. Will the court still accept an amendment? I am planning to send it off this week.

Thanks, ***** ***** solicitor disagrees then you are faced with having to make an application to the court on form N244 to ask for permission to amend it.
Just a note that any further questions should ideally be posted within 7 days of this one (as the original one cannot be kept open indefinitely). If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks

Customer: replied 14 hours ago.
Good morning
I have been complaining to my freeholder from 2014 about a breach of lease. He is refusing to enforce the convenant in our lease stating that he must take action. Can I take legal action to force him to do so?
Customer: replied 14 hours ago.
He has allowed the flat owner to sell the flat with the breaches. Is it against the flat or the flat owner?

Thanks, ***** ***** though the First Tier Property Tribunal - which would be a new question though. Just a note that any further questions should ideally be posted within 7 days of this one (as the original one cannot be kept open indefinitely). If you have further questions may I ask that you post a new question to the main site. It will not cost extra if you have membership. If you would like me to deal with the new question please mark it “For JIM only” and I will pick it up as soon as I can.

Many thanks

Customer: replied 14 hours ago.
Sorry

No problem, thanks