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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Company A has instigated proceedings in County Court against

Resolved Question:

Company A has instigated proceedings in County Court against a former self employed sales agent. He has managed to have the claimant changed to Company B, which is our sister company due to a technical error in the Representatives Agreement. We wrote to court to explain that we did not want to proceed as Company B as the respondent has worked for Company A for 16 years and has been paid by Company A and he owes the outstanding money to Company A. We have been told that for the judge to make an order or direction we have to apply under Part 23 of the Civil Procedures Rules 1998.
Advise please:
1 How do we apply to court to get it back to Company A, ie what form do we need,
2 Can we withdraw from the proceedings and would we have to pay any cost, and
3 Do we allow the strike out against Company B, would there be any costs, and can we reissue under Company A with different paperwork?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have proceedings against now been issued against Company B?

Alex Watts :

I will assume they have.

Alex Watts :

You therefore need to make an application that the claim against you is struck out for showing no prospects of success

Alex Watts :

You need to do this by completing form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

You also need to pay a Court fee of £155

Alex Watts :

The matter will be listed in Court, not for a trial but for you to show why the Claimant has no claim against you

Customer:

The court has asked that Company B become the claimant but Company B is not who the respondent owes the money to nor has he ever been paid commision by Company B. Accountants have said not to use Comopany b

Alex Watts :

Yes. Sadly that is not your choice

Alex Watts :

You need to make an application as above to have it struck out against company B

Alex Watts :

If you are company A then you can stop a claim yes

Alex Watts :

You can file a notice of discontinuance, but you would be liable for the Defendants costs to date.

Customer:

should we just let the defendant apply to have the claim struck out?

Alex Watts :

You can do this by consent, but if there is a strike out costs could be awarded against you

Alex Watts :

Better to do it by consent with no order as to costs

Alex Watts :

If you have not issued previously against Company A for this matter before yes you can re-issue the claim

Alex Watts :

Does that clarify?

Customer:

ok i will advise my director what you have said. Then we can start new proceedings as Company A not including the representative agreement

Alex Watts :

Yes.

Alex Watts :

Or you may just wish to amend the current proceedings and add Company A in

Alex Watts :

That would seem to make sense and save costs

Customer:

thank you for your advice,

Alex Watts :

If this answers your question then might I invite you to rate my answer before you go

Alex Watts :

If the system wont let you or you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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