See Should I sue? This guide is also for Snickers Parent Company supporting litigants in person, for example Personal Support Unit volunteers, CAB volunteers, advice Leaving Company Quotes and court staff, as well as relatives and friends.
We would be grateful if you could tell us what you think of this information by completing our Feedback survey. We will use your feedback to improve our guides, inform our future work and seek funding. If you sue someone, you start a court process to bring a legal claim against them. This can also be known as taking legal action, bringing a claim, bringing a civil claim, going to court, starting legal proceedings or litigation. When I complained to my boss about tripping over the cleaner's cable, he not only said it was all my own fault, but also that it was nothing to do with him.
He said he rented the office space, and the cleaner was supplied by the landlord through an external cleaning company, and I should take it up with them. I started anyway by writing to my boss's company, and they referred it to their insurers, who also told me it was the cleaning company's problem.
I thought about it carefully, and to be on the safe side I sued my employer and the cleaning company, and then their insurers sorted it out between them, paying me half each. I'm very glad I didn't leave it all till the last minute to find it wasn't as simple as I thought. Once you have decided to sue start a court process to bring a legal claim you need to be able to identify who may be responsible for your problem.
Sometimes this is obvious but in other cases it can be hard to identify who made the mistake, made the decision or gave you the service that caused your problem.
It is also possible for someone to be responsible for what happened to you even though they did not personally cause the problem. Starting proceedings against the wrong person, company or organisation is a waste of time and money. And the court can order you to pay the legal costs of any defendant you have wrongly involved in legal proceedings.
So, it is important to know the identity and accurate name of the defendant or defendants. If you are having trouble identifying the right defendant or defendants there are a number of things you can do to try to work it out. A practical and sensible approach is to write to everyone who might be legally responsible, saying what the problem is and why you think they are responsible, and that you will sue them as a defendant.
No-one will think this a foolish step, as the modern court attitude is that all parties should co-operate on administrative matters, and on issues which help the smooth, efficient and economical running of a case.
If you have been dealing with an insurer, the correct defendant is still the individual or organisation that caused your problem.
Do not be misled into suing the insurer! But there are special rules about dealing direct with the insurer in some personal injury and road traffic cases. If you want to sue your employer, you will need to find your letter of appointment or contract of employment, to make sure you have got the right organisation. Looking at your wage slip may not be enough, as some people are paid by an organisation which is not actually their employer.
For example, if you work in a voluntary religious school, the local authority pays the wage bill, but the correct defendant will probably be the governing body of the school. Some organisations outsource work, and their workers wear a uniform of that company, or drive a vehicle with the company logo, but are not treated as employees, and How To Sue A Major Company the organisation may say they are not responsible for the problem and refer you to the outsourced contractor or subcontractor.
If you are a tenant, you might find you have lots of dealings with a managing agent rather than your landlord. If you are suing a company, you need to check if you are suing a sole trader or a partnership.
This is where individuals, possibly trading under a trading name, carry full legal and financial responsibility for their actions. You need to make sure you get the names exactly right, including any trading names.
Again, you need to check to get the name of the defendant exactly right. Once you are sure you have identified the right defendant then you need to find them, and make sure you get the right address where you are confident that they will receive court papers. In the case of a limited company or plc, it will be the registered address.
Xylem Company you have been dealing with an insurer, you will still need to use the defendant's address, not the insurer's address as the address for service.
Sometimes, however, insurers will allow you to use their address, or the address of a firm of solicitors to accept court papers. But you have to ask them and get a reply in writing, and let the court have a copy of that letter of permission. If you are finding it difficult to trace your defendant you could try searching central or local records. You will need to allow plenty of time for this, as data protection laws mean that many keepers of data require a reason possibly in writing to allow you access — you may need to Grand Traverse Pie Company Allergy Menu it is for the purpose of litigation.
Enquiry agents provide tracing services. You may want to consider this option but check the cost Youngs Pub Company you go ahead. Some enquiry agents will agree not to charge if they are unable to trace the defendant. If you are not sure who is legally responsible for what happened in your case, you may be able to get legal advice. Now that you know who the right defendant or defendants are, and the correct address for issuing proceedings, you may want to look at other guides in this series:.
Address for service - the defendant's correct address for the purpose of court proceedings. If it is an individual, it is likely to be their home address. If it is a company it will be their registered address, which could be somewhere entirely different from where your problem occurred. Civil court — a court, usually a county court, where you can bring a claim for damages financial compensation against someone who has wrongly caused you loss, damage or injury.
Enquiry agent - a person or business who can be hired to find someone or to find things out about someone, for example, if they have assets.
Litigant in person — a person bringing or defending a claim without a How To Sue A Major Company or barrister. Suing - If you sue someone you start a court process to bring a legal claim against them. The information in this guide applies to England and Wales only. The law may be different if you live in Scotland or Northern Ireland. The law is complicated. We have simplified things in this guide. We recommend you try and get advice from the sources we have suggested. The cases we refer to are not always real but show a typical situation.
This guide was produced by Law for Life's Advicenow project. What is this search? Who to sue? This guide will take you through the key steps to identify and find the right defendant to sue. It is part of our series about sorting out a dispute and going to a civil court.
Choose section Is this guide for you? It's not always obvious who to sue How to identify the right defendant How to find the right address for the defendant What does it mean? About this guide. Is this guide for you? What is a defendant? What is suing? There are other steps you can and should think about, depending on what your dispute is about.
Defendant - person or organisation the case is brought against. Issue of proceedings — the formal start to the court proceedings. Litigation — the process of bringing a claim or taking legal action. Party — a person or group of people forming one side in a dispute.
Parties — both sides in the dispute. Disclaimer The information in this guide applies to England and Wales only. Acknowledgements This guide was produced by Law for Life's Advicenow project.
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