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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have a CCJ against a sole trader. I have the company name

Resolved Question:

I have a CCJ against a sole trader. I have the company name but not the name of the proprietor. The company has disappeared. HMRC are happy to provide the name of the person who registered the company with them but I need to apply for this information through the courts. What is the civil procedure for applying for this information?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question, my name isXXXXX can help with this.

tdlawyer :

You are looking for a Narwich Pharmacal order. This would require HMRC to disclose the identity of the person concerned. You would need to show in your application to the court that you have a claim against this individual, or are likely to have a claim against him.

tdlawyer :

You can get some general information aboout these orders here: http://en.wikipedia.org/wiki/Norwich_Pharmacal_Order

Customer:

I have filled out a Court Order already and the Judge responded:

Customer:

'Please advise under which provision of civil procedure rules the Claimant considers that the court has jurisdiction to make such an Order'

tdlawyer :

Give me a second ... sorry.

tdlawyer :

Okay. The authority is to be found in Rule 25.1(1)(g) - which relates to the power of the court to make orders in existing proceedings about the location of relevant property of assets.

tdlawyer :

The notes in the White Book (which the Court uses) refer to the Norwich Pharmacal jurisdiction.

Customer:

Okay thanks, XXXXX XXXXX should write back to the District Judge and ask for the Order to be made under the Norwich Pharmacal procedure?

tdlawyer :

Yes, but refer also to Rule 31.18 and the notes at paragraph 31.18.2 which refers specifically to this case and the entitlement to require disclosure from third parties about the identity of a wrongdoing party. That should sort it.

tdlawyer :

You have to appreciate not all judges are familiar with all the rules, some never see this type of thing in their whole professional practice, and that's the downside of an adverserial system that requires the parties to do the legwork and the judge just make a decision!

Customer:

Okay - thanks for your help :)

tdlawyer :

You're very welcome!

tdlawyer :

Can I ask whether you're happy with the service today?

Customer:

One last question - which particular form do I use? I have already filled out a Court Order, do I just write to the District Judge these details as an amendment?

tdlawyer :

You make the application using Form N244 and put a witness statement together setting out your position. Form N244 is here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Customer:

Yes done that. I think I can get this sorted out now thanks very much for your help ===> :)

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