Q&As

Where a claimant fails to identify a company as a limited company in a claim issued against the company, has the claimant failed to identify the correct defendant? If so, what application should the defendant make to the court to inform them of this? Further if a settlement is reached with the incompletely referenced entity, could the claimant then separately sue the limited company?

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Published on LexisPSL on 03/11/2020

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

  • Where a claimant fails to identify a company as a limited company in a claim issued against the company, has the claimant failed to identify the correct defendant? If so, what application should the defendant make to the court to inform them of this? Further if a settlement is reached with the incompletely referenced entity, could the claimant then separately sue the limited company?
  • Response of the defendant
  • Applications the claimant may make to correct the mistake
  • Cause of action estoppel
  • Settlement agreements

CPR PD 16, para 2.6 states that the claim form must be headed with the full name of each party. In the case of a company, the full registered name, including suffix (limited etc) must be used (CPR PD 16, para 2.6(d)).

Response of the defendant

CPR PD 10, para 5.2 provides that: 'Where the defendant's name has been incorrectly set out in the claim form, it should be correctly set out on the acknowledgment of service followed by the words “described as” and the incorrect name'.

Depending on the nature of the mistake made by the claimant and the steps the claimant has/has not taken in the light of that mistake, a defendant may wish to consider if an application to strike out the claim is appropriate. For more information, see: Summary judgment and strike out—overview.

Applications the claimant may make to correct the mistake

In such circumstances, the claimant may, depending on the nature of the mistake, seek to:

  1. a

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