Identifying the Correct Defendant for a Civil Claim

Why It’s Important

• Suing the wrong party wastes time and money
• You may have to pay legal costs of wrongly sued defendants
• Correct identification ensures proper service of court documents

Steps to Identify the Right Defendant

1. Write to all potential parties explaining your claim
2. Check employment contracts for employer details
3. Be aware of outsourcing – don’t assume based on uniforms/logos
4. For tenancy issues, check tenancy agreement for landlord details
5. For businesses, determine if it’s a sole trader, company, or partnership
6. For companies, sue the company itself, not individuals (usually)
7. In insurance cases, sue the insured party, not the insurer

Common Pitfalls to Avoid

• Don’t sue the insurer instead of the insured party
• Don’t assume based on who pays your wages (e.g., in schools)
• Be cautious with outsourced services – liability may lie elsewhere
• Don’t sue managing agents instead of landlords
• Be precise with partnership descriptions
• Don’t use trading names for limited companies