Stephen Baister Writes... Know Thyself: Identity in Litigation
Identity is, for better or worse, one of the hot topics of our age. I shall steer clear of its troubled waters and content myself with a paddle at the water’s edge.
Knowledge of one’s own identity was a serious matter for the Ancient Greeks: the maxim “Know thyself" was inscribed on the Temple of Apollo in Delphi and was the subject of consideration by Plato and others. Socrates is recorded as saying that the unexamined life was not worth living. At a more lightweight (and arguably pragmatic) level, Oscar Wilde advised, “Be yourself; everyone else is already taken.”
Caught between the extremes of the serious and the lightweight is a judgment of His Honour Judge Paul Matthews on the question of personal identity. Among the issues in Klotho Brands Ltd v Stanford [2025] EWHC 2284 (Ch) was whether the fact that the defendant had changed his name in some way invalidated service on him when his name was different. In the words of the judge:
“[T]he defendant says, first of all, that he has not been properly served in accordance with his ‘lawful enrolled identity’ (those are the words). I take that to be a reference to the fact that Mr Stanford has changed his name, or at least appears to have changed his name, to a new name which is very similar to his old one. He was from birth known as Kevin Gerald Stanford. He has now changed it by deed poll to ‘Kevin-gerald Stanford’. So he says, ‘I have not been served, because you have served someone with a different name’, and following from that he says that he has not been joined to the contempt application.”
The argument cut no ice with the judge:
“I am very sorry that the defendant has taken this position, because it is simply nonsense. A person who changes his or her name does not become a different person. It is simply a different name by which to call the same person.”
Or as someone else said in a rather different context: “What's in a name? That which we call a rose / By any other name would smell as sweet.”
Practical lessons for litigation and claims management:
- Identity, not styling, matters: A name change does not create a new legal entity.
- Focus on the individual: Service and verification processes should target the person, not just the exact name.
- Anticipate identity disputes: Recognising these arguments in advance can save time, cost, and potential procedural complications.
While philosophy and literature encourage us to reflect on identity, in litigation it is the practical application that often determines outcomes. Know your counterpart, and the law will generally follow.
Stephen Baister - Board Director