When issuing proceedings against a company, in which name should they be sued?

When issuing proceedings against a company, in which name should they be sued?

• A. The registered name of the company.
• B. The trading name of the company.
• C. The abbreviated name.
• D. The owner’s name.

Answer: (A)

When you issue proceedings against a company, you must name the defendant by its legal identity—the name registered at Companies House. The registered name is the company’s official, binding identity in law, so naming it correctly ensures the claim binds the right legal entity and that service and any judgment are effective. A trading name is just an alias the company uses in day-to-day business; it does not create a separate legal entity. Suing a trading name could leave the real company unidentified and risk defective service or an unenforceable judgment. The owner’s name would target the individual, not the company, unless you are aiming to sue the person personally. If a company trades under a different name, you should still plead the registered company name, and you can note the trading name as a description if needed. If the incorrect name was used, you can apply to amend the proceedings to reflect the correct registered name.

When you issue proceedings against a company, you must name the defendant by its legal identity—the name registered at Companies House. The registered name is the company’s official, binding identity in law, so naming it correctly ensures the claim binds the right legal entity and that service and any judgment are effective.

A trading name is just an alias the company uses in day-to-day business; it does not create a separate legal entity. Suing a trading name could leave the real company unidentified and risk defective service or an unenforceable judgment. The owner’s name would target the individual, not the company, unless you are aiming to sue the person personally.

If a company trades under a different name, you should still plead the registered company name, and you can note the trading name as a description if needed. If the incorrect name was used, you can apply to amend the proceedings to reflect the correct registered name.