Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
When did you realise it was wrong? How long after when you realised it was wrong did you apply to amend please?
From the time you knew to amend, to the time you made the application - how long was it?
Its bad news I am afraid.
There is a case of Mitchell that was handed down this week that says if someone needs to apply for relief from sanctions (to rectify a defect) they need to act asap any no delay will be accepted.
Here you waited 2 months.
If you knew this then you should have applied to amend 2 months when you knew.
However to salvage this situation you are now entitled to issue proceedings in the correct name and discontinue against the wrong party.
Therefore sadly whilst you can try an appeal I consider that any appeal would fail.
Can I clarify anything for you about this today please?