Parties

Question 1

A Claim may be brought against trustees/executors or administrators of a trust or will without needing beneficiaries to be added as parties. The decision will be binding on…

Answer 1

All parties inc. beneficiaries

Question 2

Where a person who had an interest in a claim/is a potential D passes -

Answer 2

Court may agree proceedings can commence against their estate/representatives

Question 3

where claims are made against partnerships/businesses can the claim be brought against them in their business name

Answer 3

Yes

Question 4

Generally, a child or PP will need a litigation friend to support them in proceedings - who can apply to have this requirement waived?

Answer 4

• the child ONLY (will need to notify lit. friend if has one)
• PP MUST have lit friend

Question 5

If a child/PP has no lit friend - how far can proceedings continue?

Answer 5

issue and serve claim form - apply for appointment of lit friend - that’s it

Question 6

who may be a litigation friend (without a court order)?

Answer 6

• a person who can fairly and competently conduct proceedings on behalf of child/PP.
• has no adverse interest to that child.PP
• where child/PP is C - undertakes to pay costs in relation to proceedings (even if they may be repaid)

Question 7

money received by/on behalf or child/PP will be….

Answer 7

wholly/partly paid into court and invested