Submitting SECOND Particulars of claim ? Can it be used along side 1st one ?

ardvo

Claim form - Particulars of claim, 2nd version within Extension ?


POC = Particulars of claim.

AUGUST - Claim form submitted (Particulars to follow)

DECEMBER - Particulars of claim (number 1) sent to the defendant (just to get in the 4 month deadline)

** Application also made to the court, for an extension of time to serve the POC at this point


JAN - Court granted extension of 1 month, to serve POC, by which time the original POC 1 were already sent to the defendant.

FEB - POC Version 2 sent (as more time has been granted):

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NOTE -This POC 2 has changes to it compared to the 1st version
(as were waiting some other documents too, to use in it)


(No application to amendment the second POC was made though)

** That application was made, for the extension of time for serving the POC (so there was more time to write it, and post it)

As this extension application was being dealth with with the court, the 4 month deadline (for the POC) to be sent to the defendant, - this 4 month deadline was approaching, so just to be safe, a weak (not very detailed) version of the POC was sent to the defendant (within the 4 month deadline)!


Now weeks later, the application for the extension of time was granted, for another 1 months to send the claim form!

so the second POC was sent to the defendant.
By which time the defendant had send their defence to the first POC.

The defendant also replied to the second POC with their response.

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Question 1)
Does the fact that the Judge has granted an 'extension' of serving the claim form mean that you can send a second/ additional (more thorough version) of the Particulars of claim, in 'addition' to the previous weaker ones you have already sent?

Question 2)
Does that mean you can actually sent a second POC, so they would have had the second one (within this extended deadline, to serve the claim form)


on the basis, that the second version you are sending is ALSO a statement of case? (regardless that it is a 2nd POC)

Question 3)
If the judges order says
an Extension of time has been granted to serve the claim form

Does that mean that it is an extension of time to serve the Particulars of Claim (as Particulars are attached to the claim form right?)

so could that be challenged by the claimant that a Served document is a served document, (which is another statement of claim).

The defendant has also replied to this second statement of case in another defence.



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Also, as regards to an application to apply for amending the POC, it was sent out, the court cashed in the cheque but the application was NOT dealt with (as the case got transferred in between 2 courts, between this process.. so it could be argued that the court did not deal with this Application to amend (they didn't even reply to it, so it was not dealt with.

Question 4) Can this be investigated, and argued that the court did not deal with it (not on fault of their own) and how do these investigations usually turn out ?

huckster

Suggest you post to a legal advice part of this site or another advice site.

As far as i know, you must read Judges instructions about submissions and comply with dates set. If in doubt, speak to the Clerk of Court who will confirm the procedures.

A claimant can re-state their POC, but you should be given opportunity to respond well in advance of any hearing.