Q&As

If the claimant has made a mistake in the naming of the defendant in the claim form and particulars of claim, what should the defendant do? Does it make a difference what the nature of the mistake is?

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Produced in partnership with Ryan Turner of Lamb Chambers
Published on LexisPSL on 28/10/2020

The following Dispute Resolution Q&A produced in partnership with Ryan Turner of Lamb Chambers provides comprehensive and up to date legal information covering:

  • If the claimant has made a mistake in the naming of the defendant in the claim form and particulars of claim, what should the defendant do? Does it make a difference what the nature of the mistake is?

If the claimant has made a mistake in the naming of the defendant in the claim form and particulars of claim, what should the defendant do? Does it make a difference what the nature of the mistake is?

It is assumed for the purposes of this Q&A that the claim has been brought within the applicable limitation period, and any amendment to the relevant statements of case would be made within the relevant limitation period. Where amendment is to be made following the expiry of limitation, see Practice Note: Limitation—amending a party name and substituting or adding (joinder) of parties.

A fundamental feature of the civil litigation process is that claims must be brought by an identifiable entity who has a cause of action against another. Proceedings are commenced through the issue of a claim form which should identify the parties as claimant and defendant respectively, providing the name of the party and an address for service.

CPR PD 2.6 confirms that the claim form must be headed with the title of proceedings, including the full name of each party. The full name means, in each case where it is known:

‘(a) in the case of an individual, his full unabbreviated name and title by which he is known;

(b) in the case of an individual carrying on business in a name other than his own name, the full

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