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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11559
Experience:  30 years as a practising solicitor.
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After an accident I gave my car to a garage for repairs

Customer Question

After an accident I gave my car to a garage for repairs under insurance. Due to delay or refusal the garage owner did not respond to the insurance company requests for information and the policy was cancelled. Subsequently he billed me on his limited company invoice.
I want to sue the company AND him, (in case the company sinks etc.). The Sheriff clerk says I need a legal reason to do this. What reason can I have?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.
On the face of it you have no reason to sue the individual where the contract was with the limited company. That is why people trade as limited companies; so as to protect their individual assets from claims and litigation.
Happy to discuss further but I see no merit in risking an award of expenses against you by suing the wrong entity.
I hope this helps. Please leave a positive response so that I am credited for my time.