What’s in a name anyway?

legal updates

Client was left with a completely unenforceable judgment that was many months old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

In the eye of the storm.

Sometimes in the Lawgistics’ HQ, one gets a new case that raises an eyebrow – or even two.

This certainly was true when, last month, I was handed a file that simply beggared belief.

Outlandish, in fact. 

Reading through, I saw a court claim that had been issued – minus the Defendant’s surname!

Many eyes might have passed over that Claim Form – all seemingly oblivious to the “defect”.

Claimant had simply ignored the court documents – after all, you cannot just sue “John” or “Dave”.

And so, our client was left with a completely unenforceable judgment that was many months old.

To apply to amend seemed an improbable solution, so our client had to restart from the beginning.

Claim was reissued with the full name and as I write this, I am told that he has not responded.

ECSC Group plcMore Secure

On average 55 vulnerabilities are identified daily.

What can I do?

Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?

If you’re unable to answers these questions, you need help from the experts.

He will now get a Judgment in Default which, if nothing else, will be enforceable if he doesn’t pay.

Even though the error was avoidable, we are all human and make mistakes – myself included.

Reading through it again, I’ve just noticed that I forgot to put the Claimant’s first name! (I joke….!)

Jason WilliamsLegal AdvisorRead More by this author

Related Legal Updates

Importance of taking your customers’ details!

Garages aren’t legally required to take a customer’s address before repair or sale, but skipping it can stall Torts notices and court action when vehicles are abandoned or not collected.

Winter Is Coming: Stop Seasonal Complaints Before They Start

Winter faults spark a spike in consumer complaints. A few extra pre-sale checks now can save you a world of hassle when the temperature drops.

Mediation appointments: the court’s take on ‘delays’

You can tell the court you’re unavailable, but will that stop a telephone mediation being listed? In our client’s case it didn’t, and the refusal to move it now means a full hearing next year.

Witness Statements: Own the Weakness and Turn Up to Court

Courts are scrutinising credibility more than ever. A Witness Statement that ducks its weak points or a witness who fails to attend risks serious damage to their case

Broker Falls Flat: Court Dismisses Flimsy Claim Against Dealer

A County Court ruling has reinforced the importance of solid evidence and clear contracts, rejecting a broker’s claim against a car dealer over an alleged pre-existing fault.

Coincidence or Cause? When Timing Leads to Claims

A motorcycle engine seized just 30 miles after a service, sparking a claim of negligence. Find out how this case unfolded in court and why coincidence doesn’t always mean liability.

Small Claims and Expert Fees: Understanding the £750 Cap

Parties should carefully consider the necessity and proportionality of obtaining expert evidence to avoid incurring irrecoverable costs.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.