Many thanks. As you will know it is not possible to make a claim against a party which is an unincoporated association (such as a trading name) so the claim must be amended in order to have any value. It is possible to change the defendant under part 19 of the civil procedure rules. This can be done even where you have obtained default or general judgement but requires the permission of the court.
Under part*****may order a new party to be substituted for an existing one if:
On the basis you can show that the correctly named party is the correct subject of your claim the court therefore will have power to make an order that they are substituted.
In order to apply for permission to substitute you will need to use an application notice:
You will need to succinctly explain you are seeking an order for the correct named party to be substitute for the present claimant and then go one to provide evidence why you are justified in making the application which based on what you say will be that you incorrectly issued using a trading name but have now ascertained the correct name of the defendant and supply some evidence to support this statement - e.g. companies house print out, invoice etc to show your connection to the defendant.
There is no need to start again providing the court is satisfied as to the explanation for the mistake and your connection to the correctly named defendant.
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