Q&As

Will the misspelling of the defendant’s name in a judgment and warrant of control impact their effectiveness?

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Published on LexisPSL on 13/10/2016

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

  • Will the misspelling of the defendant’s name in a judgment and warrant of control impact their effectiveness?
  • Amending and order
  • Warrant of control

Will the misspelling of the defendant’s name in a judgment and warrant of control impact their effectiveness?

This Q&A considers the rules that apply when a defendant’s name is misspelt in a judgment and warrant of control.

Amending and order

Assuming that an order giving effect to the judgment has been made, there are certain circumstances where a party may wish to apply to have it varied, revoked or corrected—see Practice Note: Varying or revoking orders—court's general power under CPR 3.1(7).

Different rules apply depending on whether the order has been sealed or not:

  1. before sealing: the court has a general administrative power under CPR 3.1(7). The court has the power to vary or revoke an unsealed and sealed order at any time under its general administrative power—see Varying or revoking orders—court's general power under CPR 3.1(7)

  2. after sealing there are two provisions:

    1. the general administrative power under CPR 3.1(7)

    2. a specific power under CPR

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