By any other name: mistaken identity
By Alexander Kingston-Splatt
In the case of Derek Hodd Limited v Climate Change Capital Limited the High Court has delivered a significant judgment that may assist those who fall victim to the consequences of mistaken identity.
It is common for businesses to use trading names which bear little or no resemblance to the names of the legal entities that sit behind them. This is especially true of enterprises trading through the vehicle of a limited company. It is equally common for larger businesses to operate their activities through more than one company, often for reasons of risk management.
This presents no problem in practice until the trading name, an erroneous version of the entity’s true name or the name of one of its sister concerns makes its way into a legal document in place of the true name of the correct entity. This can have dire consequences: if uncertainty exists as to the correct parties to an agreement, there may in fact be no binding agreement at all…
If you are registered and logged in to the site, click on the link below to read the rest of the Goodman Derrick briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Goodman Derrick
Briefings from Goodman Derrick
Do you have clients running out of space because they are storing too much of their customers’ unwanted property?
Commission, Parliament and Council reach concensus on some proposals.
Analysis from The Lawyer
Active financial management is vital, but with firms looking more closely at the process of debt and fee collection, the personal touch still counts
The lure of the law can kick in at any stage of life. We speak to four individuals who have made a radical switch to a legal career