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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello I recently did some building work for another company

Resolved Question:

Hello

I recently did some building work for another company at the end of the contract the final payment was not made. I filed legal action against him and the case went to the final hearing in court. In court the defendant highlighted that when i brought legal action against him i brought it as david bromwich vs william gaze ltd it was not filed in the name of my company. The case was subsequently struck out on the basis of lack of identification between myself and my company as it is a separate entity (although i am director). My question is can i file legal action against him in my companies name vs william gaze ltd. Would this come under double jeopardy even though 1. no case evidence was heard last time as the hearing was 10 minutes long as they highlighted the case was in the wrong name 2. The new case would be in different names.

When i sent a letter of intent to their solicitors they turned round and said they would get the new case struck out on the basis of the identification between me and my company. hasn’t the previous case proven the lack of identity between myself and my company.

I just want to know if I’m wasting my money filing against them as they will get it struck out and if i do file against them on what basis can they not get it struck out (they will try and get ti struck out)

May thanks

David
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Why did you just not apply to amend the proceedings please?
Customer:

I didn't know the proceddings could be amended, this was 6 weeks ago so i dont know what the time frame would be to amend. A new case if prefered as they had £15k of legal fee's which the judge struck out aswell on the basis this should have been picked up a year earlier

Alex Watts : Ok.
Alex Watts : If it was struck out in the old name then yes you would be able to bring a claim under the new name.
Alex Watts :

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