Does this matter ?

[pubrunner]

.

Edited by pubrunner on Friday 5th April 09:12

[KevinCamaroSS]

Yes it matters, either it is a claim against the individual, or a claim against the company (ltd or plc). These are two separate and different legal entities and it needs to be the correct one.

[wattsm666]

They might trade as a partnership called X but also have a limited company x limited, which is just to protect the name.

[Jasandjules]

Who did you sue? The Ltd company or the person?

[Mort7]

Would that be considered perjury?

[tinnitusjosh]

pubrunner said:

however, it certainly is a limited company.

how do you know that you have sued the limited company that you have found on companies house? did your paperwork and/or the judgement identify them as a limited company? is their company number and/or registered address included anywhere?

The point raised above is that you may well have sued a partnership or an unincorprated 'company' that trades by a name that happens to be listed on the companies house website

[anonymous-user]

pubrunner said:

The case was against the company . . . but did not include 'Limited' or 'Ltd' in the title and that was how it was heard and decided. Indeed, the judge asked if it was limited and they said it wasn't. And curiously, the company does not mention that it is limited, in any of their documentation (invoices etc); however, it certainly is a limited company.

You may have failed to name the correct party.
You may now have a judgment against something that is not a legal entity.

Slippery small traders of the kind typically sued by the curiously litigious denizens of this forum sometimes work on the basis that, if someone sues Bloggs, Bloggs says that the contract was with Bloggs Limited. If someone sues Bloggs Limited, the trader says the contract was with Bloggs. You can get past this, but you have to be alert and sue the correct party.

A limited company needs permission from the court to be represented at a hearing by a director. Did that happen here?

You might (I say might) be able to obtain a post judgment amendment to show the correct party, if there has never been any doubt as to what party it was intended to sue. If however you have here Bloggs trading as Bloggs, and you also have Bloggs Limited, then you may have a problem.

By the way, there is no summing up in a civil case. The term you are looking for is judgment. Also, although not relevant here, the rules of perjury apply to civil cases just as much as criminal cases.

Waiting until after judgment in a case before seeking free legal advice from random uninsured and mostly unqualified people on a car forum is a great plan!

[johnao]

pubrunner said:

Hi All,

I won a civil claim today; during the summing up (which was recorded) the judge specifically asked the defendant if their company was 'Limited' and the defendant said "No".

The thing is though, it IS a limited company - registered with Companies House as a Limited company - this fact can easily be verified, with a simple search on the internet..

Why would the defendant lie to the judge in this way and does it matter ? Should the court be informed ?

Thank you for any guidance ?

You ask... Does this matter?

The answer is... It will not matter, as far as you are concerned, if you receive your money. If that happens then the question becomes academic and indeed irrelevant. If you don't get your money then that might turn out to be a bit problematic.

[CoolHands]

You’ll probably never see the money anyway

[4rephill]

Yet another thread where the OP deletes the original post, leaving late comers to the thread no idea what it's all about!

johnao said:

pubrunner said:

Hi All,

I won a civil claim today; during the summing up (which was recorded) the judge specifically asked the defendant if their company was 'Limited' and the defendant said "No".

The thing is though, it IS a limited company - registered with Companies House as a Limited company - this fact can easily be verified, with a simple search on the internet..

Why would the defendant lie to the judge in this way and does it matter ? Should the court be informed ?

Thank you for any guidance ?

You ask... Does this matter?

The answer is... It will not matter, as far as you are concerned, if you receive your money. If that happens then the question becomes academic and indeed irrelevant. If you don't get your money then that might turn out to be a bit problematic.

Thank you for quoting the original post in full

If only the first person to reply in every thread would do the same, so the OP's can't try to kill their threads off by erasing what it's about!

[kindai]

So it would appear you have a judgement against the director of the company, fantastic news, you can go after his personal assets.