Q&As

Where proceedings are issued within the limitation period against an incorrect name for a party, is the claimant required to correct the party's name and what would be the consequences of a failure to do so?

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Published on: 02 November 2023
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If the claimant has identified that a claim has been issued against a party with an incorrect name, steps should be taken to correct the party name as soon as possible.

How to correct?

The rules concerning:

  1. •

    amendments to statements of case are contained in CPR 17 and CPR PD 17, and

  2. •

    adding and substituting parties to a statement of case are found in CPR 19

In particular, when limitation is not in issue, as the query suggests, reference should be made to CPR 17.1 and CPR 19.4. Much will turn on the particular circumstances, including the nature

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Jurisdiction(s):
United Kingdom

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