Q&As

How can an incorrect claimant’s address on a claim form be corrected after service of the claim form?

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Published on LexisPSL on 06/11/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • How can an incorrect claimant’s address on a claim form be corrected after service of the claim form?
  • Amending a statement of case
  • Written consent of the parties
  • Service
  • Permission of the court
  • Service
  • Requirement for a statement of truth
  • Court specific considerations
  • Further reading

How can an incorrect claimant’s address on a claim form be corrected after service of the claim form?

Amending a statement of case

A party can amend its statement of case after it has been served:

  1. with the written consent of all the parties (CPR 17.1(2)(a)), or

  2. with the permission of the court (CPR 17.1(2)(b))

See Practice Note: Amending a statement of case—introduction and costs.

Given that this relates to the address of the claimant rather than the claim itself the other parties should agree to the amendments.

Written consent of the parties

If the written content of the other parties is obtained to amend the claim form, CPR PD 17, para 2.1(1) provides that the amended statement of case and the court copy should be endorsed as follows:

‘Amended [Particulars of Claim or as maybe] under CPR [rule 17.1(1) or (2)(a)] dated....'

Service

The only provisions for service of an amended statement of claim are in relation to where the permission of the court has been obtained (CPR PD 17, para 1.3). There are no specific provisions within the CPR rules as to service of the amended statement of

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