header-logo header-logo

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

Who’s in the dock? Pt 2

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 JP 297, [2016] All ER (D) 78 (Feb), that an error

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll