Can We Amend Direction Questionnaire?

Gwalker

Good Afternoon all. This is the first time I submit court claim so apologize for my ignorance. Today I have submitted Direction Questionairre since the defendant response was rejected all my claims. After I submitted I had a massive panic attack as I realized I might answered some questions wrong.

The expert evidence and witness I should have answered Yes instead of None! Will have mediation within 28 days, but if the mediation is unsuccesful and the case has to go for court hearing, is there any possibilities I can amend my questionairre? Will this be a problem in the court hearing? 

​​​​​​​Has anyone been in the similar situation or can help me with my question please? I'd be really grateful. Thank you.

Jenni_D

The DQ is about determining where the hearing will be held (your choice of court of the Defendant's choice) and what size room* is needed - this is based on the number of witnesses (including you) required.

You can try to file (with the CCBC) and serve (on the Defendant) an updated DQ to correct the errors made in the first one - the fact you're responding so quickly should work in your favour. Make sure you file/serve by email (i.e. send it to the CCBC and Defendant in the same email) and do it today before 4pm.

* although the hearing will likely be by phone/video rather than in-person at a court.

Note: I have no direct experience of the English court system but am aware of some of the procedural elements. My commentary above cannot be taken as legal advice.

Gwalker

Jenni_D said:

The DQ is about determining where the hearing will be held (your choice of court of the Defendant's choice) and what size room* is needed - this is based on the number of witnesses (including you) required.

You can try to file (with the CCBC) and serve (on the Defendant) an updated DQ to correct the errors made in the first one - the fact you're responding so quickly should work in your favour. Make sure you file/serve by email (i.e. send it to the CCBC and Defendant in the same email) and do it today before 4pm.

* although the hearing will likely be by phone/video rather than in-person at a court.

Note: I have no direct experience of the English court system but am aware of some of the procedural elements. My commentary above cannot be taken as legal advice.

Hi Jenni_D thank you for your advice. I called the moneyclaim helpline and the lady on the phone said I shall call the court if the mediation is unsuccesful and the case gets transfer to court? I agreed the hearing will be held at the court which Defendant chose. Should I send email to that court instead of CCBC for the correct DQ?

Thank you.

Jenni_D

If you've only just sent in the DQ then nothing will have happened with it yet - that's why I suggested sending in the amended DQ straight away. Too late now for today so try again on Monday at 9am. (There is no court assigned until both DQs - claimant and defendant - are processed. What was the date by which the DQ was to be filed?)

Gwalker

Jenni_D said:

If you've only just sent in the DQ then nothing will have happened with it yet - that's why I suggested sending in the amended DQ straight away. Too late now for today so try again on Monday at 9am. (There is no court assigned until both DQs - claimant and defendant - are processed. What was the date by which the DQ was to be filed?)

Yes I will try again on Monday morning. As you said there is no court assigned until both DQs are processed, then it means I should email to CCBC instead of the court that we agreed?

The email from moneyclaim said I have to file the DQ by 12 January 2022. But because I want this to get it done as soon as possible, I submitted my DQ today right after I got the response from the Defendant.

Jenni_D

No point in sending it to a court that may be agreed between the parties but has not yet been allocated - they won't know what to do with it. So you send it where you sent your previous DQ.  

Gwalker

Jenni_D said:

No point in sending it to a court that may be agreed between the parties but has not yet been allocated - they won't know what to do with it. So you send it where you sent your previous DQ.  

Thank you Previously I submitted it online on the moneyclaim website. Oviously now there is no option there to re-submit my DQ. So I guess I'll just have to contact CCMCC and email them the revision.

Jenni_D

There's an email from the CCBC - easily found if you search. (It's mentioned a lot over on the Parking board).