Hello you clever beagles
I filed a small claim and stupidly put the Defendant down as his business name (eg "Candy Shop") instead of the owner's name (eg "Sweetie Marshmallow").
Sweetie Marshmallow is a sole trader and her shop is called Candy Shop.
I essentially sued Candy Shop (the shop sign), but should have sued Sweetie Marshmallow (the legal owner).
What iss the procedure for correcting this mistake? Do I need to ask the court's permission - as if I were to change out an entity and exchange the current Defendant for a completely new Defendant, as per CPR 17.1 (2) (b) or is there a simpler (and cheaper) process?
Could the court simply change the name of the Defendant - as it is the correct Defendant, just the wrong name.
I would not be keen on a cost order against me (who is, eh?) in light of the fact that it was a simple error and I called them prior to filling in the claim form and they told me to sue "Candy Shop" (I know now this was totally stupid, but it's too late now. I should have checked Company House.)
Thank you so much for your input!
Sandra
I filed a small claim and stupidly put the Defendant down as his business name (eg "Candy Shop") instead of the owner's name (eg "Sweetie Marshmallow").
Sweetie Marshmallow is a sole trader and her shop is called Candy Shop.
I essentially sued Candy Shop (the shop sign), but should have sued Sweetie Marshmallow (the legal owner).
What iss the procedure for correcting this mistake? Do I need to ask the court's permission - as if I were to change out an entity and exchange the current Defendant for a completely new Defendant, as per CPR 17.1 (2) (b) or is there a simpler (and cheaper) process?
Could the court simply change the name of the Defendant - as it is the correct Defendant, just the wrong name.
I would not be keen on a cost order against me (who is, eh?) in light of the fact that it was a simple error and I called them prior to filling in the claim form and they told me to sue "Candy Shop" (I know now this was totally stupid, but it's too late now. I should have checked Company House.)
Thank you so much for your input!
Sandra
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