Suing a Limited Company in County Court: Getting the Defendant Name Right
The Most Expensive Mistake on the Claim Form
Get the defendant's name wrong on your county court claim and you may win a judgment you can't enforce. A CCJ against "Smith Builders" is worthless if the company is actually registered as "Smith Building Solutions Limited" — the judgment doesn't attach to the right legal entity, and you'd need a costly application to amend it (Form N244, £313).
The fix takes five minutes before you file.
Limited Companies (Ltd, PLC, LLP)
Search the free Companies House register at companieshouse.gov.uk. Type the business name and find their exact registered name. "Acme Trading" might be "Acme Trading Limited", "Acme Trading Solutions Ltd", or something else entirely.
On your claim form, write the full registered name exactly as it appears: "Acme Trading Limited" — not "Acme Trading Ltd" unless that's how it's registered. Check the capitalisation and any unusual characters.
The registered office address shown on Companies House is a reliable address for service. Under CPR Part 6, documents may also be served on a company at its principal place of business, so the registered office is not the only valid address.
While you're on Companies House, check the company's status. If it shows "dissolved" or "in liquidation", that status can affect whether and how you pursue or enforce a claim; check the current procedure before filing.
Sole Traders
A sole trader doesn't register with Companies House. They trade under their own name or a trading name, but the business isn't a separate legal entity — you're suing the person.
On the claim form, write: "Jane Smith trading as Smith Plumbing Services." Use their personal name first, then the trading name. The address for service is their personal address, not the business premises (though the business address works as an alternative under CPR 6.9 if you can prove it's where they carry on business).
If you only know the trading name, finding the individual behind it takes some work. Google the trading name alongside "sole trader", check the VAT registration (public on the HMRC checker if they're VAT-registered), or look at invoices and contracts for the individual's name.
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Partnerships
Traditional partnerships (not LLPs) can be sued in the firm name under CPR Part 7: "Smith & Jones Builders (a firm)." Alternatively, name each partner individually: "John Smith and Jane Jones trading as Smith & Jones Builders."
Suing in the firm name is simpler, but naming the individual partners gives you more enforcement options — you can enforce against their personal assets if the partnership can't pay.
LLPs (Limited Liability Partnerships) are registered at Companies House and treated like companies — use the registered name and registered office.
When You've Got It Wrong
If you've already filed and realise the defendant name is wrong, apply to amend the claim under CPR 17.1 (Form N244, £313 on notice). The court can allow the amendment if it's necessary to correct a genuine mistake and doesn't prejudice the defendant. It's cheaper than losing and starting over — but it's money you wouldn't have spent if you'd checked first.
The Making a County Court Money Claim guide includes a defendant-naming matrix covering individuals, sole traders, partnerships, LLPs, and limited companies, with the correct format and service address for each.
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