O'Driscoll v Clayton [2024] EWHC 1118 (Ch) (13 May 2024)

O'Driscoll v Clayton [2024] EWHC 1118 (Ch) (13 May 2024)

The requirement to serve a certified copy of the deed poll is unnecessary because the claimant's change of name is sufficiently evidenced by other documents and affidavits; the deed poll itself cannot be found despite reasonable searches, and its absence does not prejudice the defendant or the proceedings. The court exercises its discretion under CPR 3.1(7) to vary the previous order and delete the requirement for the deed poll.

Citation
[2024] EWHC 1118 (Ch)
Parties
Claimant/applicant: John O'Driscoll; Defendant/respondent: Vincent Raymond Clayton (Junior)
Jurisdiction
England and Wales
Judgment Date
13 May 2024
Procedural Posture
Interlocutory Application in Ongoing Civil Proceedings / Application to Vary Previous Court Order
Outcome
Application granted in part; paragraph 11 of the order of 18 April 2024 varied to delete the requirement for a certified copy of the deed poll.
Legal Topics
Freezing Injunctions, Change of Name, Evidence of Identity, Variation of Court Orders
Civil Procedure Equity Freezing Injunctions Change of Name Evidence of Identity Variation of Court Orders

Case Brief

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Parties

John O'Driscoll

Claimant/applicant

Vincent Raymond Clayton (Junior)

Defendant/respondent

Procedural Posture

Interlocutory Application in Ongoing Civil Proceedings / Application to Vary Previous Court Order

Legal Issues

  1. 1 Whether the claimant should be required to serve a certified copy of a deed poll evidencing a change of name as ordered by the court
  2. 2 Whether the court should vary its previous order under CPR 3.1(7) to remove the requirement for the deed poll

Ratio Decidendi

The requirement to serve a certified copy of the deed poll is unnecessary because the claimant's change of name is sufficiently evidenced by other documents and affidavits; the deed poll itself cannot be found despite reasonable searches, and its absence does not prejudice the defendant or the proceedings. The court exercises its discretion under CPR 3.1(7) to vary the previous order and delete the requirement for the deed poll.

Court Disposition

Application granted in part; paragraph 11 of the order of 18 April 2024 varied to delete the requirement for a certified copy of the deed poll.

Orders

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