DMBM680300 - Ordinary Cause: Preparing the initial writ - entering the defender's details

Some content of this manual is being considered for archiving. If there is content you use regularly, please email [email protected] to let us know as soon as possible.

Defenders can be individuals, partnerships or limited companies.

Individuals

For individuals use full forenames and surname followed by a description of trade for example “optician”. Note however that where the defender has ceased to trade you must not show the trade description.

The private address must be used.

For an individual with a business name include the business name, for example “John Barber (trading as “Shortbobbers”)”.

For a married woman use her own name for example “Jane Black” and not “Mrs J Black”.

Partnership

In the case of a partnership (whether or not it is still in existence or it has ceased) include all partners as defenders in the action. You cannot ignore any partner whose address is unknown or who is deceased.

For an existing partnership sue the partnership and all the partners jointly and severally. You must state the name, business address and a description of trade for the firm together with the names and private addresses of all the partners. For example “The firm of William Haddock and Sons, Fishmongers, 1 Fillet Place, Troutbridge and James Haddock, 5 Cod Row, Ealingham and William Haddock, 10 The Salmon Leap, Coddingham, the whole partners thereof as such partners and individuals.”

For a partnership that includes a married woman use her own name. For example “Jane Black and Andrew Black” and not “Jane and Andrew Black”.

For a ceased partnership sue all the partners jointly and severally. For example James Haddock, 5 Cod Row, Ealingham and William Haddock, 10 the Salmon Leap, Coddingham, the whole former partners of the now dissolved firm of William Haddock and Sons Fishmongers which carried on business at 1 Fillet Place, Troutbridge, as such partners and individuals”.

Limited company

For a limited company, use the name in which the company is registered and also the address of the registered office.

If the registered office is outwith the court’s jurisdiction (in England for example) refer to it as having a registered office at (insert address in England) and carrying on business at (insert the address that is within the court’s jurisdiction).