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Hi
I would like some advice please from a legal perspective on a County Court Claim Defendant's name which relates to a sole trader.
My understanding is that a sole trader's legal entity is always in the format of "Mr Joe Bloggs T/As XXXX" and that it is the person (Mr Joe Bloggs) who is financially liable. Therefore, a sole trader's name and personal adress is what should be used for a County Court Claim, not just the business name part "XXXX" (without any mention of the sole trader's name) and business trading address?
More specifically, my questions are:
1. Can a Defendant successully enter a defence that the claim has been issued incorrectly, using the incorrect name of the business only?
2. Same question, but where an acknowledge of service has been submitted (without correcting the name)?
If a defence can be made, under which part of the legislation would it be...or perhaps there is already some case law that deals with this?
Many thanks in advance.
I would like some advice please from a legal perspective on a County Court Claim Defendant's name which relates to a sole trader.
My understanding is that a sole trader's legal entity is always in the format of "Mr Joe Bloggs T/As XXXX" and that it is the person (Mr Joe Bloggs) who is financially liable. Therefore, a sole trader's name and personal adress is what should be used for a County Court Claim, not just the business name part "XXXX" (without any mention of the sole trader's name) and business trading address?
More specifically, my questions are:
1. Can a Defendant successully enter a defence that the claim has been issued incorrectly, using the incorrect name of the business only?
2. Same question, but where an acknowledge of service has been submitted (without correcting the name)?
If a defence can be made, under which part of the legislation would it be...or perhaps there is already some case law that deals with this?
Many thanks in advance.
