R (Essence Bars (London) Limited) v Wimbledon Magistrates’ Court and Royal Borough of Kingston upon Thames [2016] EWCA Civ 63 – S 181 LA 2003 – s 123 MCA.
- possible to use s 123 MCA to amend name of party to proceedings in Magistrates’ Court to correct mistake as to party’s name, but not to correct error as to identity.
- no automatic rule that a mistake concerning a corporate entity is a mistake of identity rather than a mere mistake as to D’s name which may be amended.
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