header-logo header-logo

Who’s in the dock? Pt 2

25 October 2018 / Victor Smith
Issue: 7814 / Categories: Features , Criminal
printer mail-detail

In his second article on the challenges of amending a defendant’s name, Victor Smith considers the distinction between entities that are truly different & the same defendant merely misnamed

Part one of this mini-series on amending a defendant’s name traced the origins of the principle that a charge cannot be amended by substituting one defendant for another (see ‘Who’s in the dock?’, NLJ, 19 October 2018, p11): this follow-up article considers a case in which a named entity was lawfully replaced.

Significance of legal entity

R (Platinum Crown Investments Ltd) v North East Essex Magistrates’ Court and Colchester Borough Council [2017] EWHC 2761 (Admin), (2018) 182 JP 104, [2017] All ER (D) 170 (Oct) (‘ Platinum ’), reinforces the distinction between a mistake as to the defendant’s identity, which cannot be amended, and a misstatement of the defendant’s name, which can be amended, and endorses the view in R (Essence Bars (London) Limited) v Wimbledon Magistrates’ Court and Royal Borough of Kingston upon Thames [2016] EWCA Civ 63, (2017) 181

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll