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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received a Notice of Allocation to the small claims

Customer Question

I have received a Notice of Allocation to the small claims track (hearing) and I have noticed that the name that has been used as the 1st defendant is not our legal entity name but one of our brand names suffixed with the word limited.
I didn't notice it on the original claim form and I submitted a defence. We also went through the mediation. I called up the court and they suggested getting some legal advice
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Are you Claimant or Defendant?Alex
Customer: replied 1 year ago.
Defendant
Expert:  Ash replied 1 year ago.
Ok. Then the Claimant should make an application at the Court hearing to amend the claim.The correct name for the Defendant should be on the form, but the Judge can make an order on the day amending the claimCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Can't I get the claim struck out ?
Expert:  Ash replied 1 year ago.
No, its just a typographical error. It wont be struck out for that, the Court will just amend it.Does that clarify?Alex
Customer: replied 1 year ago.
Hi , it is not a typographical error, it names a completely non existent legal entity
Expert:  Ash replied 1 year ago.
Did you file a defence saying it was a non legal entity? If not, then it wont be struck out.If you filed a defence saying it was a non legal entity then potentially it can be struck out.But if you didnt raise it then it can be amended.Does that clarify? Alex
Customer: replied 1 year ago.
What's to stop me asking for it to be struck out now ?
Expert:  Ash replied 1 year ago.
You would need to amend your defence (because it didnt raise it) and then make an application to strike out.You would need to complete form N244:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfYou need permission to amend your defence and strike out.The application fee for you to do this is £255Does that clarify?Alex
Customer: replied 1 year ago.
Can't I then be awarded costs if I have to make an application due to their mistake ?
Expert:  Ash replied 1 year ago.
No. Because its your fault you didnt amend your claim. If you had filed a defence which was correct, then that would be different.You didnt and you should have noticed it. So should the Claimant but you need to amend your defence.Rule 17.1:(1) A party may amend his statement of case at any time before it has been served on any other party.(2) If his statement of case has been served, a party may amend it only –(b) with the permission of the court.Its been served so you need permission of the Court.Alex
Customer: replied 1 year ago.
So what should the wording on form N244 say.
Also, that statement doesn't say I can't claim costs. It's not my fault they made a mistake. It's not incumbent on me to check their work
Expert:  Ash replied 1 year ago.
Well that is a new question as to the wording:1. Amend defence2. Strike out claimYes I know its not your fault they made a mistake. But you made a mistake in not filing a correct defence. You can try and ask for costs, but you are unlikely to get them because you should have made sure the defence was pleaded correct in the first place.Does that clarify? Alex
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Customer: replied 1 year ago.
Hi Alex, if they don't strike it out, I want the case moved to a court near me, do I do that in the same application .
Expert:  Ash replied 1 year ago.
I wouldn't bother making a formal application in that case. Ask the court on the day. Alex
Customer: replied 1 year ago.
Hi Alex, if I were to ask the court on the day then that would defeat the purpose of my asking for the change of venue as I would already be there
Expert:  Ash replied 1 year ago.
No because it could still be struck out. You want to save yourself £255 as you may not be able to recover that.