Wrong name on claim form

[PierreDe]

Hi there, I instigated a claim on a company, but after judgment was granted to me, I was pointed by the defendant to the claim form, particulars and the judgment was in the ‘trade name’ of their company (without Ltd).

It has been 5 years, 11 months since I issued the claim, and 4 years since the judgment. Should I apply to amend the claim form and judgment, or just the judgment? Is there a limitation period on anything?

Thanks
Pierre

 

[JazSun]

This is a claim against a company using a trading name.

However, I see that the Defendant defended the case. In order to defend it, they must have stated what their name was (on the Acknowledgement of Service or on the Defence). It may be the case that you write to the Court pointing to the Acknowledgement of Service and/or Defence and ask the Court to simply change the name. The name may have also come out in their witness evidence.

You normally have 6 years from date of judgment to enforce. After that you may need permission from the Court.

You can amend by way of application. Evidence / Explanation would need to be provided but because they defended the claim, they appear to have accepted the judgment is against them.

Part 19 is the relevant part but also Rule 3.1(2)(p).

Hello community, I have a similar issue, but in my case, my solicitor issued the claim in my company trade name. They then received the judgment in the trade name, and a writ was issued by them on the trade name, but remained unenforceable.

Unbeknown to me, my solicitor had issued and failed to correct the trade name for all this time. What is the correct procedure for correcting the trade name now? Will I need to correct the claim form and then the judgment? Do I use cpr part 19 for this?

Considering the comments for PierreDe, I maybe out of time. The claim was notified to the defendant in 2016, but I only made the claim (via my solicitor) in 2020. (But does the limitation period start from the time of notification in 2016?)

The judgment was granted in 2022.

Thanks
Jaz

 

[Michael Loveridge]

This is quite clearly the responsibility of your solicitor to sort out. Any competent solicitor would ensure that the claim was issued in the correct name, and if they failed to do so it’s a clear case of negligence and breach of contract.

Consequently, if the solicitor is unable to sort it out themselves they will need to compensate you for the value of the claim.

 

[JazSun]

This is quite clearly the responsibility of your solicitor to sort out. Any competent solicitor would ensure that the claim was issued in the correct name, and if they failed to do so it’s a clear case of negligence and breach of contract.

Consequently, if the solicitor is unable to sort it out themselves they will need to compensate you for the value of the claim.

Thank you for your advice. They have failed to sort this out at all. The claim
value is £12,000. Could you provide any advice on why this would be breach of contract? And why would the court consider negligence?

 

[JazSun]

The defendant has pointed this out to me, hence, is why I have put it to the solicitor. As the claim was not brought by the legal entity ‘my company’ could the defendant have a potential claim against me now? (For my solicitor’s negligence?)

 

[Michael Loveridge]

Thank you for your advice. They have failed to sort this out at all. The claim
value is £12,000. Could you provide any advice on why this would be breach of contract? And why would the court consider negligence?

The contract with your solicitor included an implied term that they would handle the case with reasonable care and skill. After all, that’s what you’re paying them for.

In any litigation handled by a solicitor it's essential that the party is correctly identified. I frankly find it difficult to believe that any solicitor would be so incompetent as to issue a claim under a trading name rather than using the correct identity of the client. I can only assume that it was delegated to some junior, unqualified fee-earner who was not sufficiently supervised.

Whatever the reason, if this did happen as you describe then the solicitors’ firm must take full responsibility and compensate you for your losses.

It’s unlikely that the defendant would have any right of action against you, but if they did you would be entitled to an indemnity from your solicitors.

 

[Newchodge]

Hello community, I have a similar issue, but in my case, my solicitor issued the claim in my company trade name. They then received the judgment in the trade name, and a writ was issued by them on the trade name, but remained unenforceable.

Unbeknown to me, my solicitor had issued and failed to correct the trade name for all this time. What is the correct procedure for correcting the trade name now? Will I need to correct the claim form and then the judgment? Do I use cpr part 19 for this?

Considering the comments for PierreDe, I maybe out of time. The claim was notified to the defendant in 2016, but I only made the claim (via my solicitor) in 2020. (But does the limitation period start from the time of notification in 2016?)

The judgment was granted in 2022.

Thanks
Jaz

Start with the solicitor's firm's complaints procedure.

 

[JazSun]

The contract with your solicitor included an implied term that they would handle the case with reasonable care and skill. After all, that’s what you’re paying them for.

In any litigation handled by a solicitor it's essential that the party is correctly identified. I frankly find it difficult to believe that any solicitor would be so incompetent as to issue a claim under a trading name rather than using the correct identity of the client. I can only assume that it was delegated to some junior, unqualified fee-earner who was not sufficiently supervised.

Whatever the reason, if this did happen as you describe then the solicitors’ firm must take full responsibility and compensate you for your losses.

It’s unlikely that the defendant would have any right of action against you, but if they did you would be entitled to an indemnity from your solicitors.

Hi, thank you for the reply. The solicitor who had the claim issued himself (name signed on the claim form sent to me now), had 30 years standing, so not an office junior. Why on Earth? Any suggestions?

 

[JazSun]

Start with the solicitor's firm's complaints procedure.

 

[Newchodge]

Hi, thank you for the reply. The solicitor who had the claim issued himself (name signed on the claim form sent to me now), had 30 years standing, so not an office junior. Why on Earth? Any suggestions?

It really does not matter. Use the complaints procedure.

 

[ethical PR]

I can’t afford a lawyer. Any advice on the correct procedure cpr rule?

What did the court say when you checked with them ?