Suing A “Trading As” Business

Where you are dealing with a sole trader or a partnership, ensure that you name not just the entity they are trading as, but each and every individual running the business. This will enable you to enforce against the assets of either the trading entity or, if it has no assets or has ceased trading, you can then still enforce against the individuals. With limited companies, it is also important to put both the limited company name and the trading as name in the judgment and subsequent writ, so that you have covered all bases. This is particularly true of restaurants which are almost always owned by a limited company with a different name to the restaurant. Check who was the owner of the trading as entity at the time you supplied the goods or services. If the business has changed hands, but still using the same trading name, you must ensure you sue the correct entity. We would always advise that you check their terms and conditions before you agree to supply the goods, so you know who you are supplying. It is, of course, also good business practice to run a credit reference at that time, possibly asking for trade references as well.
There are also instances where the limited company has gone out of business, but the directors have started a new company and are still using the same “trading as” name. Unfortunately, there is little you can do in the instance to enforce against the original company you supplied, but by checking their status at Companies House before embarking on legal action, you can save yourself the cost involved. Finally, if you are suing a trading as name, ensure that you put the words ‘A Firm’ in brackets after the name. Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author h as used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.