Q&As

Where a claim has been issued out of the County Court Money Claims Centre, but not served, can the claimant amend the claim form pursuant to CPR 17.1 to increase the value of the claim, at any County Court, or does the claim form need to be re-sealed in the County Court Money Claims Centre?

read titleRead full title
Published on LexisPSL on 05/12/2016

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

  • Where a claim has been issued out of the County Court Money Claims Centre, but not served, can the claimant amend the claim form pursuant to CPR 17.1 to increase the value of the claim, at any County Court, or does the claim form need to be re-sealed in the County Court Money Claims Centre?

Where a claim has been issued out of the County Court Money Claims Centre, but not served, can the claimant amend the claim form pursuant to CPR 17.1 to increase the value of the claim, at any County Court, or does the claim form need to be re-sealed in the County Court Money Claims Centre?

Civil Procedure Rule (CPR) CPR 17.1(1) states that a party may amend his statement of case at any time before it has been served on any other party. The provisions in CPR 17 and CPR PD 17 are silent on any formal requirement for a statement of case to be re-sealed (although it is generally accepted and assumed that re-sealing is required). It follows that CPR 17 and CPR PD 17 are also silent on the procedure for the statement of case to be re-sealed.

Practically, and with a view to the surrounding CPR it would seem that it is the court’s assumption that an amended statement of case under CPR 17.1(1) will be re-sealed in the County Court Money Claims Centre or the County Court Hearing Centre that has control over the claim.

In particular, CPR PD 17, para 2.1(2) provides that the amended statement of case and the court copy of it should be endorsed:

‘Amended [Particulars of Claim or as may be] under CPR [rule 17.1(1) or (2)(a)] dated……………’

The requirement

Popular documents