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Issued claim and got a defence from someone else


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Hello -

 

I issued a claim against a company. The defence filed came from a different company which is connected to the original defendant but there is no discussion of this relationship in the defence and it's more complicated than one being wholly owned by the other. I'd like to apply for a strike out of their defence on the grounds that the defendant didn't file a defence or summary judgment because the defence gives no reason why the defendant isn't liable. Anyone help with a reason why this isn't a good idea?

 

AS

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I think that you should start by posting up the claim and the defence

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Name & Shame here... Id like to know.

Its like filing a claim for Lowell Portfolio 1 Ltd & Hampton's Legal responding. Its not on and has to come from the original claimant unless otherwise stated clearly in the defense that they represent them legally etc...

 

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Unfortunately I'm not in a position to post the claim and defence nor do I really want to name the defendant at this stage. I will spill the beans once it's all over!

 

AS

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First things first, go on companies house webcheck and check that it is not just a case of the company changing its name.

 

When you say a different company filed the defence, what do you actually mean? Where is the name of the company mentioned in the Defence? It doesn't really matter whose envelope the thing came in if we are in a situation where there are multiple group companies, it is a case of substance over form.

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