Today’s post brought a first for me – though I would be delighted to hear from any other lawyers who have had a similar experience.
We have just issued proceedings in a personal injury claim arising out of a road traffic accident. We sued the negligent driver who knocked our client off his brand new motorcycle, and her insurers under the 2002 Rights Against Insurers Regulations.
Today we received notices of issue from the County Court Money Claims Centre in Salford. Just to be clear, these are the first and only notices of issue that we have received at this juncture. If that seems an odd statement then the explanation is that both the documents are stamped, in red, as follows:
‘AMENDMENT PURSUANT TO CPR 40.12’
Hands up if you have any ideas at this point. Nobody?
For those who might be wondering, there is nothing else on the face of the document that gives any clues. Procedural pedants in the audience will, I hope, quickly have picked up the fact that 40.12 is very specific in its application to correction of errors in judgements and orders. It tells us at sub-paragraph (1):-
‘The court may at any time correct an accidental slip or omission in a judgment or order’
Not a notice (of issue) then.
We gave up and rang the court office. My assistant tells me that the lady at the court was as confused as we are.
But it is reportedly good that we are closing court offices all across the country, making redundant people who have been doing the job for years (and know what they are doing), in favour of focusing resources in 'centres of excellence' to develop the specialist knowledge and expertise etc, etc...