Parties

Question 1

Under CPR r7.2A, what does PD7A do?

Answer 1

makes provision for procedures to be followed when claims are brought by or against a partnership within the jurisdiction.

Question 2

Under CPR r19.10 (1), who can a claim be brought by or against?

Answer 2

trustees, executors or administrators in that capacity without adding as parties any persons who have a beneficial interest in the trust or estate.

Question 3

Under CPR r19.10(2), any judgment or order given or made in the claim is binding on the beneficiaries unless what?

Answer 3

unless the court orders otherwise in the same or other proceedings.

Question 4

Under CPR r19.12(1), if a person has died and had an interest in a claim and that person has no personal representative, what two orders can the court order?

Answer 4

the claim to proceed in the absence of a person representing the estate of the deceased; or a person to be appointed to represent the estate of the deceased.

Question 5

Under CPR r19.12(2)(a), where a defendant against whom a claim could have been brought has died and a grant of probate or administration has been made, against whom must the claim be brought against?

Answer 5

the persons who are the personal representatives of the deceased.

Question 6

Under CPR r19.12(2)(b), where a defendant against whom a claim could have been brought has died and a grant of probate or administration has not been made, which party should the claim be made against and what must the claimant do as a result of this?

Answer 6

the claim must be brought against “the estate of” the deceased; and the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim.

Question 7

Under which two scenarios will a claim be treated as having brought against the estate of the deceased in accordance with 19.12(2)(b)(i)?

Answer 7

if the claim is brought against the personal representatives of the deceased but a grant of probate or administration has not been made; or
the person against whom the claim was brought was dead when the claim was started.

Question 8

before making an order under 19.12, what must the court direct?

Answer 8

that the notice of the application is to be given to any other person with an interest in the claim.

Question 9

where an order has been made under 19.12(1) and (2)(b)(ii), what can be given and made and what would this mean for the estate of the deceased?

Answer 9

any judgement or order made or given in the claim is binding on the estate of the deceased

Question 10

Under PD7A (7.1), Part 7 and 8 claims apply to claims that are brought by or against two or more persons who are what?

Answer 10

who were business partners and carried on that partnership within the jurisdiction at the time when the cause of action accrued.

Question 11

Under PD7A 7.2, what will the term ‘Partners’ include?

Answer 11

persons claiming to be entitled as partners and persons alleged to be partners.

Question 12

Under PD7A 7.3, where that partnership has a name unless it is inappropriate to do so, claims must be brought in or against the name under which that partnership carried on business at the time the cause of action accrued. True or False?

Answer 12

True.

Question 13

When does PD7A 9.1 apply?

Answer 13

a claim is brought against an individual and that individual carries on a business within the jurisdiction (even if not personally within the jurisdiction); and that business is carried on in a name other than that individual’s own name aka the business name.

Question 14

True or False:
the claim may be brought against the business name as if it were the name of a partnership.

Answer 14

True.

Question 15

What does CPR r21 set out?

Answer 15

contains special provisions which apply in proceedings involving children and protected parties and it sets out how a person becomes a litigation friend.

Question 16

What does CPR r21 does not apply to?

Answer 16

proceedings under part 75
enforcement of specified debts by taking control of goods or applications in relation to enforcement of specified debts by taking control of goods where one of the parties are a child.

Question 17

True or false:
a protected party must have a litigation friend to conduct proceedings on their behalf?

Answer 17

true.

Question 18

unless the court make an order under paragraph 3, what must a litigation friend do?

Answer 18

they must conduct proceedings on a child’s behalf.

Question 19

true or false:
the court may make an order permitting a child to conduct proceedings without a litigation friend?

Answer 19

true.

Question 20

when can an order for a child to conduct proceedings without a litigation friend may be applied for?

Answer 20

it may be made by a child
if the child already has a litigation friend, it must be made on notice to the litigation friend and if the child has no litigation friend, it may be made without notice.

Question 21

under which two circumstances can the court appoint a person to be the child’s litigation friend?

Answer 21

where the court has made an order for proceedings to go ahead without a litigation friend and it later appears to the court desirable for a litigation friend to conduct the proceedings on the child’s behalf.

Question 22

When does r21.3(1) not apply?

Answer 22

when the court has made an order to conduct proceedings without a litigation friend.

Question 23

name two scenarios where a person may not go ahead without the court’s permission until the child or protected party has a litigation friend?

Answer 23

make an application against a child or protected party before proceedings have started or take any step in proceedings except where issuing or serving a claim form or applying for the appointment of a litigation friend under rule 21.6

Question 24

true or false:
if during proceedings that a party lacks capacity to continue to conduct proceedings, no party may take any further step in the proceedings without the court’s permission until the protected party has a litigation friend.

Answer 24

true.

Question 25

true or false:
any step taken before a child or protected party has a litigation friend has no effect unless the court orders otherwise.

Answer 25

true.

Question 26

under what circumstance does CPR r21.4 does not apply?

Answer 26

if the court has appointed a person to be a litigation friend.

Question 27

who is entitled to be the protected party’s litigation friend in any proceedings to which the deputy’s powers extend?

Answer 27

a deputy appointed by the Court of Protection under the 2005 Act (Mental Capacity) with power to conduct proceedings on the protected party’s behalf.

Question 28

if no one has been appointed by the court or in the case of a protected party has been appointed as a deputy, which three scenarios will allow a person to act as a litigation friend?

Answer 28

if they can fairly and competently conduct proceedings on behalf of the child or protected party,
if they have no interest adverse to that of the child or protected party; and
where the child or protected party is a claimant, undertake to pay any costs that the claimant is ordered to pay, subject to any right to be repaid from the assets of the child or protected party.

Question 29

true or false:
where a claim is made by or on behalf of a child or protected party or against a child or protected party, no settlement, compromise or payment (including any voluntary interim payment) and no acceptance of money paid into court shall be valid so far as it relates to the claim by, on behalf of or against the child or protected party without the approval of the court.

Answer 29

true.

Question 30

which circumstance cause the claim to must be made using the part 8 procedure and include a request to the court for approval of the settlement or compromise or payment?

Answer 30

before proceedings in which a claim has been made by or on behalf by or against a child or protected party are begun, an agreement is reached for a settlement or compromise or a payment and the sole purpose of proceedings is to obtain the approval of the court to a settlement or compromise or a payment which relates to the claim.

Question 31

What must the documents supporting any application or request for an approval must include?

Answer 31

a draft consent order setting out the proposed settlement terms.
details of whether or to what extent liability is admitted.
the age and occupation of the child or protected party.
confirmation that the litigation friend approves the settlement.
a copy of any relevant medical, financial or other expert evidence or advice
in a personal injury claim arising from an accident details of the accident and of claimed loss and damage
any documents relevant to considerations of liability and
a legal opinion on the merits of the settlement except in very clear cases, together with any relevant instructions unless they are sufficiently set out in the opinion.

Question 32

if the claim includes damages for future financial loss, what must the court be satisfied of?

Answer 32

that the parties have considered whether the damages should wholly or partly comprise periodical payments

Question 33

if the settlement includes periodical payments, what must the draft consent order satisfy?

Answer 33

the requirements of rules 41.8 and 41.9 as appropriate.

Question 34

true or false:
in proceedings to which section 2 or 3 of Part 45 applies, the court will not make an order for detailed assessments of the costs payable to the child or protected party but will assess the costs in the manner set out in that section.

Answer 34

true.

Question 35

where settlement of a claim by or on behalf of a dependant child includes agreement on a sum to be apportioned to the dependent child, the parties must provide the additional details of what?

Answer 35

the claimed loss of future earnings in respect of the deceased and the nature and extent of the dependency.

Question 36

Under which 2 proceedings will the money be dealt with in accordance with directions given by the court under this rule and not otherwise?

Answer 36

where money is recovered by or on behalf of or for the benefit of a child or protected party; or
where money paid into court is accepted by or on behalf of a child or protected party.

Question 37

Directions under 21.11 (2) will provide what?

Answer 37

that the money shall be wholly or partly paid into court and invested or otherwise dealt with.

Question 38

what will the court first consider where money is recovered by or on behalf of a protected party or money paid into court is accepted by or on behalf of a protected party before giving directions under this rule?

Answer 38

the court will first consider whether the protected party is a protected beneficiary.

Question 39

what will happen to the fund where the child lacks capacity to manage and control any money recovered by or on behalf of the child and is likely to remain so on reaching full age?

Answer 39

the fund will be administered as a protected beneficiary’s fund.