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Using the slip rule to change the named entity?

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  • Using the slip rule to change the named entity?

    I am taking on an airline. I used their Group address and in their Defence they state my claim should be struck out as the entity I should take to Court is their UK subsidiary and not the Group company.

    I asked the Court to apply the slip rule to change the named company/entity, as it is obvious who I am wishing to take on, there's no other airline with such a name, and both entities/companies share the same address.

    Just wanted to check this was correct procedure?
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  • #2
    Originally posted by Wonderme View Post
    I am taking on an airline. I used their Group address and in their Defence they state my claim should be struck out as the entity I should take to Court is their UK subsidiary and not the Group company.

    I asked the Court to apply the slip rule to change the named company/entity, as it is obvious who I am wishing to take on, there's no other airline with such a name, and both entities/companies share the same address.

    Just wanted to check this was correct procedure?
    Im not sure the slip rule can be used to do what is in effect substitute the correct party. They would have some good arguments for defective service, wrong party etc.

    Seems to me it needs substitution and reservice http://www.justice.gov.uk/courts/pro...es/part19#19.2
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

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