Q&As

Where a claim has originally been issued against an individual director and her four companies (one of which is in liquidation), in each case listed on the claim as ‘Directors Name T/A Ltd Company’, and the claimant now wishes to bring the claim against the director and the four companies as separate legal entities, how does the claimant proceed?

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Published on LexisPSL on 11/07/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Where a claim has originally been issued against an individual director and her four companies (one of which is in liquidation), in each case listed on the claim as ‘Directors Name T/A Ltd Company’, and the claimant now wishes to bring the claim against the director and the four companies as separate legal entities, how does the claimant proceed?
  • Claim
  • Amending the claim
  • Before service
  • After service
  • Naming the parties
  • Company in liquidation

Where a claim has originally been issued against an individual director and her four companies (one of which is in liquidation), in each case listed on the claim as ‘Directors Name T/A Ltd Company’, and the claimant now wishes to bring the claim against the director and the four companies as separate legal entities, how does the claimant proceed?

Claim

Pursuant to CPR 19.1, any number of claimants or defendants can be joined as parties to a claim. Further, CPR 7.3 provides that:

‘A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.’

The claim form can therefore be amended to enable this.

Amending the claim

There are certain limitations on amending the claim form where limitation has expired (CPR 19.5) which are not considered here.

Before service

A party can amend its statement of case at any time before it has been served on any other party (CPR 17.1(1)). This includes removing, adding or substituting a party in a claim form where it has not been served (CPR 19.4(1)).

Permission of the court is not required.

After service

Once the claim form has been served, the court's permission is required to remove, add or substitute a party (CPR 19.4(1)). An application for permission can be made by the existing claimant (CPR 19.4(2)).

The court’s approach is set out in CPR 19.2:

‘…(2) The court

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