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Alternative address for servive

Alternative address for servive

Postby south1 » Fri Feb 10, 2017 4:36 pm

I made a complaint against my previous representative because he did not behave in a respectful way toward me. My complaint was upheld by his manager.

I sent a claim form for a small claim against him to the County Court Money Claims Centre. He has changed of employer and unfortunately he has a name which is very widespread and as a consequence I have not been able to find his personal address so I have used in the claim form the address of his new employer that I found in his LinkedIn profile as address for service on the defendant .

Unfortunately my claim form has been returned to me by County Court Money Claims Centre with a covering letter saying that I can use a business address only if the defendant is running a business at this address. Otherwise I need to make an application to the court for permission to use the address of the defendant’s employer as address for service on the defendant.

I would like to know if someone know a way to avoid to make such application because I would like to avoid to pay the £100 court fee of his application and more importantly I would like to avoid the risk of having this application refused by the court.

I would like to know if I do not have to make this application for the following reasons?:

• He is an unregistered barrister. So maybe I can use as address for service the Bar Council?

• He work for a law firm. He does not work anymore as a lawyer because he works now as a legal assistant. So maybe I can use his email address of the law firm where he works?

• He is my previous representative. So I do not know if I can use as address for service the address of his previous employer when he was my representative
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Re: Alternative address for service

Postby atticus » Fri Feb 10, 2017 5:15 pm

If he was employed,and acting in the course of employment, why is your claim not against the employer?
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Re: Alternative address for servive

Postby 3.14 » Fri Feb 10, 2017 5:26 pm

You need to use his address unless the court allows you to use his work address.
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Re: Alternative address for servive

Postby south1 » Fri Feb 10, 2017 8:54 pm

I made a request for compensation to his employer but he did not reply to me. Moreover his employer is not responsible for the behaviour of his employee so morally I am reluctant to issue a claim only against his employer because he will get away with what he did to me without being punished and I do not like to take out on innocent. Or what I can do is to issue a claim against his employer and also against himself but in this case I do not know if the claim form would have to be served on both and as a consequence I would have to know also his address or to put in the claim form the address of his employer will be enough.
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Re: Alternative address for servive

Postby 3.14 » Fri Feb 10, 2017 10:48 pm

You should name both his employer and him and you need to serve on both.
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Re: Alternative address for servive

Postby south1 » Sat Feb 11, 2017 12:53 am

I would like to know if as address of the defendants I can put only the address of his previous employer because after all I am not supposed to be aware that he has changed of employer and maybe what is stated in his LinkedIn profile is not correct and he carries on working for this employer?

Moreover I think that it will be the court and not me who will serve the claim form
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Re: Alternative address for servive

Postby 3.14 » Sat Feb 11, 2017 11:50 am

but they need to know the addresses to serve at.
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Re: Alternative address for servive

Postby atticus » Sat Feb 11, 2017 4:35 pm

And the claimant needs to provide an address for service which meets the requirements of the rules.

From memory, I think it's CPR 6.
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Re: Alternative address for servive

Postby south1 » Sat Feb 11, 2017 4:44 pm

I found in the following website

https://www.lexisnexis.com/uk/lexispsl/ ... risdiction

The following question

"When issuing against multiple defendants and one defendant cannot be traced, can the last known address be used where this is known to be incorrect? What other steps can be taken?"

But I need to registered into this website and I prefer not to do so I would like to know if someone can reply this question
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Re: Alternative address for servive

Postby dls » Sat Feb 11, 2017 4:54 pm

Atti has this exactly right. Moral responsibility is not the same as legal respnsibility. Ask also who will be insured.
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