Discontinuing against a defendant and adding a new defendant?

[Hopefull1]

Hello,

Due to new facts coming to light at a relatively late stage in my small claim, I was wondering how straightforward it is to discontinue a claim against one defendant who is willing to let this happen on a drop hands basis (baring all his own costs), and then add a new defendant to my existing small claim? There is 4.5 weeks until the court hearing and I would be grateful to know the exact way I could go about this. I am aware this will likely cost me and most likely delay the hearing, however I would like to get all issues resolved in this one claim rather than having to issue a new claim against the a new defendant. Any advice would be much appreciated.


Thank you

[R0b]

If you wanted to substitute a party you need to make an application to the court for that substitution and further directions, which will usually entail at least you having to file fresh particulars against the new defendant. It will also cost you at least £255 for the application.

If the claim has already been allocated, why don't you serve a notice of discontinuance and then start the legal process against the new defendant.

[pt2537]

If you wanted to substitute a party you need to make an application to the court for that substitution and further directions, which will usually entail at least you having to file fresh particulars against the new defendant. It will also cost you at least £255 for the application.

If the claim has already been allocated, why don't you serve a notice of discontinuance and then start the legal process against the new defendant.

the only problem to bear in mind is the issue fee, which could outweigh the costs of applying. If your issue fee is say £455 you would be better off with the application to substitute id say

[R0b]

Yes good point PT.

[pt2537]

Id also say if the parties are all in agreement on who the corrrect defendant should be, then it shouldnt be too problematic to get an application into the Court with the parties consenting , thus avoiding additional costs that a disputed application would bring

[Hopefull1]

Thank you, that is all very helpful and has cleared a lot up.

My case currently has two defendants. One is a limited company and the other is an individual who was a director of the first limited company and current sole director of a second limited company I am considering substituting in. Hypothetically could one get to the hearing and have the judge decide there and then to substitute the individual for the limited company as he is the sole director and only active officer listed on companies house?

[Hopefull1]

Thank you, that is all very helpful and has cleared a lot up.

My case currently has two defendants. One is a limited company and the other is an individual who was a director of the first limited company and current sole director of a second limited company I am considering substituting in. Hypothetically could one get to the hearing and have the judge decide there and then to substitute the individual for the limited company as he is the sole director and only active officer listed on companies house?