Wrong entity named

[Wonderme]

So I named slightly the wrong entity in a claim. It is only just sent to a local Court.

rather than proceed with paying £100 to change the name, the Court staff advised me that there is nothing to stop me from withdrawing/discontinuing the claim and then starting this again.

Just wanted to make sure that this is not second bite of the cherry?

[ostell]

Withdrawing could leave you open to a claim for costs, though if they haven't defended then it is unlikely. I did this many years ago and got away with it.

[des8]

If this is likely to be allocated to the small claims track you could wait until allocated before discontinuing.

CPR 38.6 .(1) “Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant”
CPR 38.6 (3) This rule does not apply to claims allocated to the small claims track.

To discontinue and start afresh against the correct defendant is not a second bite.

Technically you cannot "withdraw" a County Court claim, only discontinue it.
Tribunal claims can be "withdrawn"