Introduction | When it comes to pursuing legal action, it’s crucial to ensure that you are suing the correct entity. It may sound like a simple task, but in reality, it can be more challenging than you think. In this blog post, we’ll delve into the importance of accurately identifying the defendant and provide you with helpful tips to avoid any complications. As experts in High Court Enforcement, Shergroup, led by the esteemed High Court Enforcement Officer Claire Sandbrook, is here to guide you through the process and ensure your legal proceedings are conducted smoothly.
Suing the Wrong Entity: An Abuse of Process: Imagine going through the trouble of initiating legal proceedings, only to have your case dismissed due to an error in naming the defendant. This unfortunate situation can arise if a case is brought to court under the wrong name, and then proceedings are restarted under the correct name. To prevent such mishaps, it’s crucial to get the defendant’s name right from the start. This rule is based on the principle that a defendant should not face two sets of proceedings for the same complaint. A prime example of this can be seen in the case of Barnett Fashion Agency Limited vs Nigel Hall Menswear Limited (2011).
Correcting Minor Errors with the ‘Slip Rule’ | While major mistakes in naming the defendant can be detrimental to your case, minor typographical errors can be rectified through the court’s ‘slip rule.’ Under the Civil Procedure Rules (CPR) 40.12, the court has the authority to correct these errors. Familiarizing yourself with this rule can be advantageous and help you navigate any unintentional mistakes that may arise during the legal process.
Suing Different Types of Entities | Determining the correct name to sue can be a tricky task, especially when dealing with various types of entities. To simplify this process, we’ve outlined some key considerations for different entities below:
- Limited Company | If you intend to sue a limited company, it’s essential to verify the company’s name accurately. Companies House should be your go-to resource for checking the registered name. Remember to include both the trading address and the registered address, as they might not be the same. The registered address is typically used for service and issuing claims.
- Limited Company ‘Trading as’ | In certain industries such as hospitality, businesses operate under a limited company structure while using a trading name. When pursuing legal action against such entities, it’s vital to include both the trading name and the registered company name in your claim. For instance, if you are suing Diamond Limited, trading as London Road Bar, mention both names in your claim.
- Partnership | When suing a partnership, it’s crucial to note that you can sue all the partners involved. To ensure accuracy, include the names of all partners followed by the term ‘partnership’ in brackets. This way, you cover all individuals associated with the partnership.
- Sole Trader ‘Trading as’ | In the case of a sole trader operating a business under a trading name, it’s important to include both the individual’s name and the business name in your claim. This approach provides you with the option to enforce against the individual’s assets if the business lacks sufficient assets to repay the debt.
Conclusion | Suing the correct entity is paramount to the success of your legal proceedings. High Court Enforcement Officer Claire Sandbrook and the expert team at Shergroup are well-versed in navigating the intricacies of identifying the correct defendant. By adhering to the guidelines mentioned above, you can mitigate risks and ensure a smoother and more efficient legal process. Remember, accuracy is key, and Shergroup is here to assist you every step of the way.
Ready to take the next step? Contact Shergroup’s High Court Enforcement team today for expert guidance and support. Visit our website at www.shergroup.com to learn more about our comprehensive range of services and get in touch with our experienced professionals. Don’t let the complexities of suing the correct entity hold you back—Shergroup is here to help you achieve the justice you deserve.