May 11, 2023
Neither the District Court nor the High Court allowed the claimant to change the name of the claimant
Neither the District Court nor the High Court allowed the claimant to change the name of the claimant
It is not uncommon for disputes to arise as to whether the right party is the defendant. In a recent decision from the Eastern High Court, however, the question was whether the right plaintiff was the right plaintiff and whether the plaintiff could then change its name. Neither the District Court nor the High Court allowed this change of plaintiff to another company with a different CVR number, as the change went beyond what could be remedied without the consent of the defendant pursuant to section 349(2) of the Administration of Justice Act, cf. section 348.
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