Claim against wrong defendant

[a10ddf]

A friend of mine is project managing a property renovation on my behalf - I own the property outright and am paying all the costs of renovation. We will split the profits when the property is sold. We are in dispute with a contractor who has previously worked on the project and invoiced / been paid by me (3 times in the past 6 months) over his latest invoice. Despite all email correspondence relating to the dispute having been with me, including the threat of a Small Claims Court action, he has claimed against my friend, who booked the job on the basis that he has a verbal contract with her. This depsite him knowing that she was acting on my behalf. She entered a defence to the Small Claims Court that she is wrong defendant but, that having been rejected by the claimant, they sent it to the County Court.

We want to file a form N244 requesting summary judgement that there is no case for her to answer and, if necessary, ask the court to substiute me as the defendant.

Can anyone help me with the wording of the order that I am asking the court to make?

Thanks in advance

[jaguarsuk]

As you are not experienced in writing orders I would advise not adding a draft order, let the court officers write up any order a judge makes, that's their job after all.

You should requested summary judgement pursuant to CPR 24.2 (a)(i) & (b) on the grounds that the defendant on the claim is not the correct defendant.

Support it with a Witness Statement which exhibits the previous invoices (addressed to you I assume) and the record of payments being made from your bank account.

Make sure you request costs of the application when it is heard to get you application fee back if successful.

File with the court and pay the fee, make sure you serve the other party.

[atticus]

As above - but it is the defendant who should make the application and supporting statement.

Read and understand CPR24 and Practice Direction 24 - make sure that the application notice and statement contain all the things that need to be said in an application for summary judgement.