Varying Particulars of Claim via Money Claim Online
Discussion
Morning all,
Currently in the middle of legal claim at work against a company for non-payment of an invoice and need a bit of advice.
As the claim is ongoing, i obviously cannot disclose too much but the long and the short of it is that the particulars of claim originally was quite technical and "bitty" - misapplied definitions, failure to supply documentation, that sort of thing.
The defendant made a counterclaim against us and since this has happened, the claim cannot proceed online only and is now via the court business centre the counterclaim was filed with.
Since the claim was filed, the defendant has provided us with a report as created by their "expert" which contrary to it's intention, has actually highlighted a glaring issue in the contract which works in our favour with respect to the claim for non-payment.
However, this was not picked up when the claim was filed.
Simple question is this - can we apply to vary the particulars of claim to include this new development and if so, how can this be done without resorting to paying for legal representation?
Appreciate that the standard response here may obviously be "pay for legal representation" but if possible i'd like to get as much information to hand to see if i can resolve this in house before making that decision.
Thanks in advance for any advice / guidance provided.
Currently in the middle of legal claim at work against a company for non-payment of an invoice and need a bit of advice.
As the claim is ongoing, i obviously cannot disclose too much but the long and the short of it is that the particulars of claim originally was quite technical and "bitty" - misapplied definitions, failure to supply documentation, that sort of thing.
The defendant made a counterclaim against us and since this has happened, the claim cannot proceed online only and is now via the court business centre the counterclaim was filed with.
Since the claim was filed, the defendant has provided us with a report as created by their "expert" which contrary to it's intention, has actually highlighted a glaring issue in the contract which works in our favour with respect to the claim for non-payment.
However, this was not picked up when the claim was filed.
Simple question is this - can we apply to vary the particulars of claim to include this new development and if so, how can this be done without resorting to paying for legal representation?
Appreciate that the standard response here may obviously be "pay for legal representation" but if possible i'd like to get as much information to hand to see if i can resolve this in house before making that decision.
Thanks in advance for any advice / guidance provided.
lenny007 said:
Morning all,
Currently in the middle of legal claim at work against a company for non-payment of an invoice and need a bit of advice.
As the claim is ongoing, i obviously cannot disclose too much but the long and the short of it is that the particulars of claim originally was quite technical and "bitty" - misapplied definitions, failure to supply documentation, that sort of thing.
The defendant made a counterclaim against us and since this has happened, the claim cannot proceed online only and is now via the court business centre the counterclaim was filed with.
Since the claim was filed, the defendant has provided us with a report as created by their "expert" which contrary to it's intention, has actually highlighted a glaring issue in the contract which works in our favour with respect to the claim for non-payment.
However, this was not picked up when the claim was filed.
Simple question is this - can we apply to vary the particulars of claim to include this new development and if so, how can this be done without resorting to paying for legal representation?
Appreciate that the standard response here may obviously be "pay for legal representation" but if possible i'd like to get as much information to hand to see if i can resolve this in house before making that decision.
Thanks in advance for any advice / guidance provided.
Have a read - https://www.justice.gov.uk/courts/procedure-rules/...Currently in the middle of legal claim at work against a company for non-payment of an invoice and need a bit of advice.
As the claim is ongoing, i obviously cannot disclose too much but the long and the short of it is that the particulars of claim originally was quite technical and "bitty" - misapplied definitions, failure to supply documentation, that sort of thing.
The defendant made a counterclaim against us and since this has happened, the claim cannot proceed online only and is now via the court business centre the counterclaim was filed with.
Since the claim was filed, the defendant has provided us with a report as created by their "expert" which contrary to it's intention, has actually highlighted a glaring issue in the contract which works in our favour with respect to the claim for non-payment.
However, this was not picked up when the claim was filed.
Simple question is this - can we apply to vary the particulars of claim to include this new development and if so, how can this be done without resorting to paying for legal representation?
Appreciate that the standard response here may obviously be "pay for legal representation" but if possible i'd like to get as much information to hand to see if i can resolve this in house before making that decision.
Thanks in advance for any advice / guidance provided.
You might be better off posting this in the business section.
But a couple of observations:
The link provided by MBVitoria shows that you can request to change the detail of the claim but only with the permission of the other party. This may well flag up to them what's in the report that you are keen to see included and they may well deny the request because of this.
If the report they've sent you they have also included within the counter claim details submitted to the court, then this will be assessed by the court anyway.
But a couple of observations:
The link provided by MBVitoria shows that you can request to change the detail of the claim but only with the permission of the other party. This may well flag up to them what's in the report that you are keen to see included and they may well deny the request because of this.
If the report they've sent you they have also included within the counter claim details submitted to the court, then this will be assessed by the court anyway.
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