Misnomer, rectification and the identity of a party to a contract

In Liberty Mercian Ltd v Cuddy Civil Engineering Ltd [2013] EWHC 2688 (TCC), Ramsey J held that the claimant was not entitled to invoke the doctrine of misnomer nor was it entitled to rectification of the contract in order to provide that the party to the contract was a party other than that referred to by name in the contract which the parties had concluded. Although the claimant was mistaken as to the identity of its contracting party, that mistake had not been shared by the other party, nor was that party found to be guilty of sharp practice. But it was held that the claimant was entitled to a remedy in respect of that contracting party’s failure to provide the claimant with a performance bond and contractual warranties. These obligations were held to be continuing obligations which survived the termination of the contract between the parties.