Dispute Resolution Flashcards
(2 cards)
What is the difference between a naming mistake and an identity mistake when substituting a party after the limitation period under CPR 19.5, and how does it affect substitution?
Naming Mistake: The claimant intended the correct party but named them incorrectly (e.g., “John Smith” instead of “Jon Smith”).
Correctable under CPR 19.5 after limitation expiry if the mistake was genuine and not misleading (per Adelson v Associated Newspapers Ltd [2007]).
Identity Mistake: The claimant intended the wrong party altogether (e.g., sued the registered keeper instead of the actual driver).
Not Correctable after limitation expiry, as it introduces a new party, effectively starting a new claim (per Lockheed Martin Corp v Willis Group Ltd [2010]; Limitation Act 1980, s.35).
Key Nuance: The claim form’s description may show intent, but if the named party is different from the intended party, it’s an identity mistake, barring substitution post-limitation.
