John O’Driscoll v Vincent Raymond Clayton (Junior)

John O’Driscoll v Vincent Raymond Clayton (Junior)

Given the claimant's inability to locate the deed poll despite diligent search, the corroborative evidence of change of name (passport, driving licence, bank statement, solicitor's affidavit, and HM Passport Office confirmation), and the fact that the deed poll itself is only evidential, the requirement to serve a certified copy of the deed poll is unnecessary and should be deleted from the order.

Parties
Claimant/applicant: John O’Driscoll; Defendant/respondent: Vincent Raymond Clayton (Junior)
Jurisdiction
England and Wales
Judgment Date
14 November 2024
Procedural Posture
Civil Application / Interlocutory Application to Vary Order
Outcome
Application granted in part
Legal Topics
Freezing Injunction, Change of Name, Variation of Court Orders, Evidence of Identity
Civil Procedure Equity Freezing Injunction Change of Name Variation of Court Orders Evidence of Identity

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Parties

John O’Driscoll

Claimant/applicant

Vincent Raymond Clayton (Junior)

Defendant/respondent

Procedural Posture

Civil Application / Interlocutory Application to Vary Order

Legal Issues

  1. 1 Whether the requirement to serve a certified copy of a deed poll evidencing change of name should be deleted from a prior order
  2. 2 Whether alternative evidence of change of name suffices for compliance with the order

Ratio Decidendi

Given the claimant's inability to locate the deed poll despite diligent search, the corroborative evidence of change of name (passport, driving licence, bank statement, solicitor's affidavit, and HM Passport Office confirmation), and the fact that the deed poll itself is only evidential, the requirement to serve a certified copy of the deed poll is unnecessary and should be deleted from the order.

Court Disposition

Application granted in part

Orders

  • Paragraph 11 of the order of 18 April 2024 is varied to delete the requirement to serve a certified copy of the deed poll.