In Dewrace Ltd v Brown – Butterworths Law Direct 18.1.08 an architect who entered into a contract for services in his own name but then incorporated the Claimant company, commenced proceedings in the Claimant’s name. The Defendant asserted that it had contracted with the architect personally and so the latter applied to substitute himself as the Claimant under CPR Part 19.

In this case there was an issue as to time bar and so CPR 19.5 applied. The mistake was as to the identity of the relevant party which did not fall within CPR 19.5(3) and as the overriding objective did not require the substitution to be made, the application to substitute claimants would be refused.