An interesting case

[Andy1976 10]

Just out of idle interest, what would be the correct way to address a letter to a non-binary being?

 

Just in case it ever arises in my world.

 

Mx apparently! Was news to me too!

[tinfoilhat 11]

Just out of idle interest, what would be the correct way to address a letter to a non-binary being?

 

Just in case it ever arises in my world.

 

Just use their name I suppose. Are titles dead in this day and age?

 

---------- Post added 01-08-2017 at 16:52 ----------

 

Mx apparently! Was news to me too!

 

<<facepalm>>

 

Really???????

[Andy1976 10]

Just use their name I suppose. Are titles dead in this day and age?

 

See that would be my first guess, but the rules do say (we have civil procedure rules and practice directions that accompany them to clarify them) that you need to give each party's full name and title.

 

Sheffield Court went through a phase about 7 years ago of obsessing over it, literally. They wouldn't issue things with even a hint of title being wrong.

 

I can understand it with companies - the issue as to whether someone is a limited company, a PLC, or just trading as can make a huge difference, but this makes none at all I'd say. Just let people put the full name and leave it at that.

 

I don't make the rules though sadly!

[Cyclone 10]

Ah but it actually does here. B says expressly 'there was a letter, but it was addressed to Mr B Johnson (changed name) and that's not me'.

 

Court Proceedings are rarely, if ever sent recorded. I've sent three lots this afternoon, all by standard first class post. Ironically, if B had said 'I never got them', this wouldn't be happening, as A's lawyers would be stupid to fight that.

 

As for misspelling your name - arguably, yep, you have a reason to have the Proceedings struck out. The Practice Direction says that the papers have to state the person's full name, including title. Equally arguably, it's a minor point, so would/should be overlooked, but if you wanted to be pedantic, you could certainly make the person who sent it apply to change it and cause problems.

 

Edit to add - yes, it's effectively the same as refusing the papers on the grounds the name was incorrect, but B's instructions are specifically on the title used on the letter.

 

Are there precedents where the wrong salutation was used? For example, post accidentally addressed to Mrs when it was Mr, or Miss when it was Dr, who then ignored the post or returned it?

Will there be a record of the papers being returned unopened?

[willman 10]

Two key issues from my perspective.

 

How is the person addressed on their insurance policy? This is important as it is the term that both insurers will use.

 

Non receipt of a letter isn't proof of non posting, however person B admitted to receiving papers and returning them.

[Cyclone 10]

Mx apparently! Was news to me too!

 

Is that actually their legal title, or do they just prefer to use it?

[geared 315]

Why is B being taken to court in the first place?

 

B's insurance company should cover any incidents on the road, there should be no need to take Mx B to court in the first place?

[Dimple 10]

Just out of idle interest, what would be the correct way to address a letter to a non-binary being?

 

Just in case it ever arises in my world.

 

Quantum? ........

[Guest]

Was the claim form also issued with the incorrect title?

 

When you say A's solicitors started proceedings without anything having been agreed, had there been any pre-action correspondence which referred to B's correct title?

[Cyclone 10]

B should have informed their own insurance company of the court papers who would then have filed a defence.

But if B's insurance got a copy, then why didn't they file a defence anyway?

[Mossway 15]

There was a Road Traffic Collision (RTC) Were names and addresses exchanged ? If so how did the parties ID themselves? If not, why not ? On a DVLA search how does the Registered Keeper of B's vehicle ID him/herself on initial registration? As alluded to earlier in the thread, was a 'letter before action' sent to B, if so was it received? Does the Law Firm not use a franking machine ?

There's a lot of info required here before any reasonable comments can be made.

[willman 10]

Who gave their name to person A.?

 

If they identify as MR or MS when accepting insurance then surely they are only insured as that person.