DMBM675290 - Summary proceedings (Sc): Entering defender & 146;s details on Forms 1 and 1b

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Defenders can be individuals, partnerships or limited companies.

Individuals

For individuals use full forenames and surname and use either the private or business address.

For an individual with a business name include the business name, fo rexample George Spark (trading as Live Wire).

For a married woman use her own name, for example  Jean Kennedy  and not Mrs J Kennedy.

Partnerships

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. For example, The Firm of Larry Lamb and Sons, Butchers, 7 Homefarm Road, Wooltown and Larry Lamb, 7 Rams Lane, Wooltown and Stuart Lamb, 9 Sheepshouse Road, Wooltown, the whole partners there of as such partners and individuals.

For a partnership that includes a married woman use her own name. Forexample Jean Kennedy and Andrew Kennedy and not Jean and Andrew Kennedy.

For a ceased partnership sue all the partners jointly and severally. For example, Larry Lamb, 7 Rams Lane, Wooltown and Stuart Lamb, 9 Sheepshouse Road, Wooltown, the whole former partners of the now dissolved firm of Larry Lamb and Sons, which carried on business at 7 Homefarm Road, Wooltown, as such partners and individuals.

Penalty Determinations

Remember that penalty determinations will be raised against individual partners and notin the partnership name. You should issue any summons in the name of the individual partner omitting reference to any trading name. The liability is payable by each named individual only.

Limited Company

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