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25 October 2018 / Victor Smith
Issue: 7814 / Categories: Features , Criminal
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Who’s in the dock? Pt 2

In his second article on the challenges of amending a defendant’s name, Victor Smith considers the distinction between entities that are truly different & the same defendant merely misnamed

Part one of this mini-series on amending a defendant’s name traced the origins of the principle that a charge cannot be amended by substituting one defendant for another (see ‘Who’s in the dock?’, NLJ, 19 October 2018, p11): this follow-up article considers a case in which a named entity was lawfully replaced.

Significance of legal entity

R (Platinum Crown Investments Ltd) v North East Essex Magistrates’ Court and Colchester Borough Council [2017] EWHC 2761 (Admin), (2018) 182 JP 104, [2017] All ER (D) 170 (Oct) (‘ Platinum ’), reinforces the distinction between a mistake as to the defendant’s identity, which cannot be amended, and a misstatement of the defendant’s name, which can be amended, and endorses the view in R (Essence Bars (London) Limited) v Wimbledon Magistrates’ Court and Royal Borough of Kingston upon Thames [2016] EWCA Civ 63, (2017) 181

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MOVERS & SHAKERS

DSW Legal—James Mallender

DSW Legal—James Mallender

Business advisory group launches dedicated legal division with senior appointment

Gilson Gray—Peter Millican

Gilson Gray—Peter Millican

London corporate practice with partner appointment

Ward Hadaway—Alex Cooper

Ward Hadaway—Alex Cooper

Corporate team welcomes partner in Leeds

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