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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a middle name has been added to the defendants name on papers

Resolved Question:

If a middle name has been added to the defendants name on papers filed in court before a court hearing as opposed to what is in his passport is it legal for one go to the court hearing and raise a point of objection to the hearing on the grounds of wrong identity and ask case to be dismissed with costs without having to respond to any thing regarding the case
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 :

Is this a civil matter? Has the other side made an application to amend the proceedings?

Customer:

It is a civil matter. The other side has not made any ammendments

Alex Watts :

I assume the first and surname are correct?

Customer:

Yes

Alex Watts :

Ok - then it wont be dismissed. In reality it makes no difference. They are not changing the party name as such, so its not a different person.

Alex Watts :

They are simply adding a middle name. This is done all the time. It will make no difference to the claim

Alex Watts :

It is still the same person

Alex Watts :

I am sorry if this is not the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Would you say Mr ***** ***** Peters is the same as Mr John Peters even if they are two different people who exist?

Alex Watts :

In reality, its the same person.

Alex Watts :

It is only if it is two different people would it matter.

Alex Watts :

You can raise objections before a Judge but its likely a Judge will say it makes no difference

Alex Watts :

I am sorry

Customer:

ok thanks

Alex Watts :

Can I clarify anything else for you?

Customer:

Alternatively can I file an application to object on the court hearing to proceed on identity grounds for the defendant until corrected

Alex Watts :

You can but the court is just likely to amend the proceedings at the hearing.

Alex Watts :

I do it all the time. The Judge just recites the name on the claim be amended to xxxxxx

Customer:

ok thank you very much that is it but I will give it go because I have ever been in a court hearing were the case was dismissed for this very reason of identity and the Judge asked the person who filed to go back and file again papers with correct name.

Alex Watts :

Unlikely - its just an addition of a middle name

Alex Watts :

Unless the person really has changed, but then the other side will have told you and they would have needed to make a formal application

Customer:

Am sorry to go on this and do not get annoyed with me. This is the case, that they filed papers by ADDING ON( NOT Substracting) an addition middle name which does not belong to me according to my current passport. I would agree totally with you if they LEFT OUT the middle name. But this is not the case.

Alex Watts :

But that does NOT invalidate the whole claim

Alex Watts :

You can go to Court and object but the Judge is unlikely to dismiss the claim

Alex Watts :

I am sorry

Customer:

thank you very much no more questions

Alex Watts :

Can I clarify anything else for you, or are you all set?

Customer:

no thanks

Alex Watts :

Ok. If I could ask you to rate my service before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

Good luck with this and let me know how you get on?

Customer:

Thanks

Alex Watts :

All the best

Ash and other Law Specialists are ready to help you