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Contents

Official guidance
Debt Management and Banking Manual

DMBM675210 · Summary Proceedings (Sc): Preparing for summary proceedings actions

  • DMBM675220 · Summary proceedings (Sc): Receiving cases for summary cause action
  • DMBM675230 · Summary proceedings (Sc): Existing or ceased partnerships - considerations before SP action
  • DMBM675240 · Summary proceedings (Sc): Section 86 and 87 interest - what to include in your claim
  • DMBM675250 · Summary proceedings (Sc): Section 86 and 87 interest - what to include in your claim for Regulations 79/41 or 77/12 or 78/13
  • DMBM675260 · Summary proceedings (Sc): Section 86 and 87 interest- what to do when interest is omitted in error from the sum claimed in the proceedings
  • DMBM675270 · Summary proceedings (Sc): Section 86 and 87 interest - what to do when an interest bearing charge is withdrawn from SP prior to obtaining decree
  • DMBM675280 · Summary proceedings (Sc): Stages of taking a summary cause action
  • DMBM675290 · Summary proceedings (Sc): Entering defender & 146;s details on Forms 1 and 1b
  • DMBM675300 · Summary proceedings (Sc): Preparation of the summons - page 1
  • DMBM675310 · Summary proceedings (Sc): Preparation of the summons - page 2
  • DMBM675320 · Summary proceedings (Sc): Application for warrant to cite by means of a newspaper advertisement
  • DMBM675330 · Summary proceedings (Sc): Application for warrant to cite by means of a notice displayed on the walls of the court
  1. Summary Proceedings (Sc): Preparing for summary proceedings actions: Contents
  2. Summary proceedings (Sc): Entering defender & 146;s details on Forms 1 and 1b

DMBM675290 | Summary proceedings (Sc): Entering defender & 146;s details on Forms 1 and 1b

From HM Revenue & Customs · Debt Management and Banking Manual

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Defenders can be individuals, partnerships or limited companies.

Individuals

For individuals use full forenames and surname and use either the private or business address.

For an individual with a business name include the business name, fo rexample George Spark (trading as Live Wire).

For a married woman use her own name, for example Jean Kennedy and not Mrs J Kennedy.

Partnerships

In the case of a partnership (whether or not it is still in existence or it has ceased) include all partners as defenders in the action. You cannot ignore any partner whose address is unknown or who is deceased.

For an existing partnership sue the partnership and all the partners jointly and severally. For example, The Firm of Larry Lamb and Sons, Butchers, 7 Homefarm Road, Wooltown and Larry Lamb, 7 Rams Lane, Wooltown and Stuart Lamb, 9 Sheepshouse Road, Wooltown, the whole partners there of as such partners and individuals.

For a partnership that includes a married woman use her own name. Forexample Jean Kennedy and Andrew Kennedy and not Jean and Andrew Kennedy.

For a ceased partnership sue all the partners jointly and severally. For example, Larry Lamb, 7 Rams Lane, Wooltown and Stuart Lamb, 9 Sheepshouse Road, Wooltown, the whole former partners of the now dissolved firm of Larry Lamb and Sons, which carried on business at 7 Homefarm Road, Wooltown, as such partners and individuals.

Penalty Determinations

Remember that penalty determinations will be raised against individual partners and notin the partnership name. You should issue any summons in the name of the individual partner omitting reference to any trading name. The liability is payable by each named individual only.

Limited Company

For a limited company, use the name in which the company is registered and theregistered office address.

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