UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.21 Defendant sued in business name to respond in own name
UNIFORM CIVIL PROCEDURE RULES 2005 - REG 7.21
Defendant sued in business name to respond in own name7.21 Defendant sued in business name to respond in own name
(cf SCR Part 64, rule 4; DCR Part 46, rule 3; LCR Part 35, rule 3)
(1) In any proceedings in which a defendant is sued under a business name, the defendant must not enter an appearance or file a defence otherwise than in his or her own name.
(2) When entering an appearance or filing a defence, the defendant must also file a statement of the names and residential addresses of all persons who were carrying on business under the business name concerned when the proceedings were commenced.
(3) The court may order that a defendant's notice of appearance or defence be struck out if the defendant has failed to comply with subrule (2).