Can A Circuit Judge Modify Particulars Of Claim ?

[notnutnut]

In a boundary dispute already listed can the judge allow the claim/counterclaim to be modified to include 'adverse possession' if enough evidence exists in support and if not enough evidence exists for accurate judgement on the 1925 map lines ? Thank you.!

[tonywiltshire]

As you know adverse possession is the occupation of land to which a paper owner has title, with the intention of possessing as your own. The best person to answer your enquiry over the authority of a circuit judge, who will be an experienced legal practitioner, is your own legal adviser who has all the details.

[factor-fiction]

I seem to recall notnutnut is handling his own legal affairs on this and other matters. Apologies if I'm wrong.

[buildersmate]

I also remember this case from an earlier question from the OP.

As I think I commented before, one can't use OS maps alone to determine a physical boundary. Refer to my long diatribe about a week ago on this same topic.

I can't comment on the legal process by which a judge may or may not modify the scope of the case - that's way above my pay-grade.

OP - why are you asking what appears to be the same question again?

[Barmaid]

I can't comment on the merits of the application, but yes a CJ has the power to allow amendments to any statement of case.

CPR Part 17 (and the associated Practice Direction) covers the circumstances in which he can do so.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17

[notnutnut]

First of all I'd like to a serious thank you to all for the prompt help and yes it is I, notnutnut from a while ago,still the same case but should be 'put to bed' at months end hopefully.
tonywiltshire,thanks,I have asked but only an hour ago.
factor30,I'm not but thanks.
biuldersmate,thanks,yes same case and I can't remember if I asked before.
Barmaid,thanks,your link was exactly what I needed !

[Peter Pedant]

I find the phrase - can I apply to amend - quite useful

CPR Part 17 allows the judge to do amazing things
and applying to amend for adverse possession isnt that amazing