How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
Type Your Law Question Here...
Ash is online now

My wife was named as a defendant in a writ served regarding

This answer was rated:

My wife was named as a defendant in a writ served regarding a dispute involving a boat rental,however my wife does not appear as the renter on the boat rental contract. The rental company would not accept a debit card in respect of the rental deposit so my wife's credit card was used instead. Does this make her a party to the agreement, I wonder?
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how much the claim is for and whether you are also named?

US$58,000. I am also named as I was the renter as named on the rental contract which I signed.

Alex Watts : Ok. Is this a uk law question?

The rental was in the Bahamas and the writ was issued under the law of the Commonwealth of The Bahamas whic, as a former colony, is essentially UK law.

Alex Watts : Ok and are you based in the uk?


Alex Watts : Ok. Does the agreement say it is governed by uk or Bahamas law please?


Alex Watts : Ok, they are suing over there I assume, rather than uk?



yes, it the writ had been served in the UK would there be grounds to set it aside as my wife should not hve been named as a defendent


Sorry, not sure my answer went through: If the writ had been served in the UK would the above be grounds to have it set aside?


Have you received my answer?

Alex Watts :

When you say writ, you mean claim form?

Alex Watts :

Or has Judgment been entered?


A writ has been served and an Appearance has to be made shortly. No judgement can be made until the trial has completed.

Alex Watts : Ok, have you filed a defence here?

no, the defence will be filed in Nassau

Alex Watts : Ok and the hearing will be there too?
Alex Watts : has a defence been filed yet?

Yes, in Nassau. No defence has been filed yet.


Have not received your response and do not yet have an answer to my question. Please respond!

Alex Watts : Are you both named in the claim, even though you are the sole signatory to the agreement z.

The writ names both myself and my wife. I alone am named as the renter and am the sole signatory.

Alex Watts : Thank you. I can answer as uk law. She is not a party to the agreement. When she files a defence she can say there is no contract and that any claim against her ought to bens
Alex Watts : ought to be struck out
Alex Watts : Just because there is a payment on wife's card does not mean she is a party to the agreement.
Alex Watts : she did not agree to the terms she only made payment on behalf of the contracting party.
Alex Watts : Therefore she is not a party and any claim can be struck out against her and that is what she should ask for
Alex Watts : Can I clarify anything for you about this today please?

no that is fine, thank you

Ash and other Law Specialists are ready to help you