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

Sign in

Register

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

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

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 The Lawyer

Briefings from Goodman Derrick

View more briefings from Goodman Derrick

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

10 St Bride Street
London
EC4A 4AD
UK
http://www.gdlaw.co.uk

Turnover (£m): 12.80
No. of lawyers: 46