Examination Timing: 00H01M01S
You are instructed on behalf of Tech Solutions Ltd in a claim against its accountant for breach of contract and negligence. The accountant's failure to properly maintain the financial statements has caused HMRC to levy financial penalties on the company that it cannot afford. The accountant is a partner in an accounting partnership. The Pre-Action Protocol for Professional Negligence has been followed without settlement.
What should the claim form state as the defendant/s when commencing proceedings?
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According to paragraph 5A.3 of Practice Direction 7A of the CPR, in a claim against a partnership where the partnership has a name, the claim must be brought against the name under which the partnership carried on business at the time the cause of action accrued, unless it is inappropriate to do so. In this case, the correct approach is to bring the claim in the business name of the partnership.
Key Point: When suing a partnership, the claim should generally be brought in the name under which the partnership conducted business at the time of the cause of action.
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