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Claim in trade name
Hi there, in April 2019, a claim was issued on my company’s behalf but my solicitor issued it on my company “trade name” instead of the Ltd name.
Then my company went into administration in June 2020, and the administrators ‘forgot’ to notify the court or the defendant debtor that my company was in administration.
A judgment was provided in favour of my company in May 2021, but the judgment was provided on my company’s ‘trade name’, and my company went into liquidation shortly after. (The debt was unobtainable by the debtor, because of unenforceability of the judgment name).
Now in 2025, the liquidators have stated that they are to use creditor funds to change the judgment name to the legal Ltd company name, and to their status at the time of judgment “on administration”.
My question is, is this a bad use of creditor funds, and what is this going to cost at this late stage? under court guidance, does the court need to correct the claim form first, then the judgment? And is cpr 17 of relevance here, or cpr 19 (because essentially the administrators are being added to the judgment). What about the claim form after so long? How can the solicitor justify the lateness of dealing with this?
I just feel that the debt is so small: £3,000, and the debtor may have reason to argue at any future hearing that the claim form was issued incorrectly etc?
Any advice please?
Then my company went into administration in June 2020, and the administrators ‘forgot’ to notify the court or the defendant debtor that my company was in administration.
A judgment was provided in favour of my company in May 2021, but the judgment was provided on my company’s ‘trade name’, and my company went into liquidation shortly after. (The debt was unobtainable by the debtor, because of unenforceability of the judgment name).
Now in 2025, the liquidators have stated that they are to use creditor funds to change the judgment name to the legal Ltd company name, and to their status at the time of judgment “on administration”.
My question is, is this a bad use of creditor funds, and what is this going to cost at this late stage? under court guidance, does the court need to correct the claim form first, then the judgment? And is cpr 17 of relevance here, or cpr 19 (because essentially the administrators are being added to the judgment). What about the claim form after so long? How can the solicitor justify the lateness of dealing with this?
I just feel that the debt is so small: £3,000, and the debtor may have reason to argue at any future hearing that the claim form was issued incorrectly etc?
Any advice please?