I put the business name instead of the owner's name (sole trader) on the claim form

[Starfish9999]

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

[wales01man]

Is the business LTD?

[Starfish9999]

Thank you for your response. No, Sweetie Marshmallow trades as a sole trader.

[Starfish9999]

If anyone is interested - it is possible to substitute the name as per GBP 17.5, and change "Chandy Shop" to "Sweetie Marshmallow t/a Candy Shop".

[Pezza54]

Thanks I am interested. This innocent mistake happens a lot

Did you have to file an application without notice-court fee £119 and obtain the court's permission?

If you received permission by way of court order, did the order state what you had to do (such as just amend the defendant's name on the claim form and PoC)?

CPR 17.3 Court's permission required to amend a statement of case
CPR 17.4 Change of a party's name if it was a genuine mistake

[pc52straw]

Starfish - What's that option?

[Starfish9999]

If anyone is interested - it is possible to substitute the name as per GBP 17.5, and change "Chandy Shop" to "Sweetie Marshmallow t/a Candy Shop".

I am sorry for the late response, I only saw your question now. I had to file a N244 application and there was a hearing.

[Starfish9999]

Starfish - What's that option?

It is CPR 17.4, you would need to file an N244 application.

[pc52straw]

Thanks. I just got confused by the n244 having so many different use cases with so many different fees. You said £17.50, then there's £119, £275, £303...