Parties

Question 1

What is the effect of Rule 19.10?

Answer 1

Any judgment or order given is binding on beneficiaries unless the court orders otherwise

This rule is a revised form of RSC Ord. 15 r. 14.

Question 2

Who can sue or be sued under Rule 19.10?

Answer 2

Trustees, executors, administrators in their capacity as such

Beneficiaries do not need to be joined in these proceedings.

Question 3

Under what circumstances can a beneficiary bring proceedings against third parties?

Answer 3

Only if special circumstances are shown and usually the trustees are joined as parties

This is typically the case unless the trustees acted against the interests of the beneficiaries.

Question 4

What is the significance of the phrase ‘otherwise order’ in Rule 19.10?

Answer 4

It allows the court to direct that a judgment is served on non-parties and grants them permission to apply to set aside or vary the judgment

This applies if the trustees did not act in the interests of the beneficiaries.

Question 5

What are the exceptions to Rule 19.10?

Answer 5

1. If the court directs notice of the judgment to a non-party
2. If a beneficiary shows that the trustees did not act in their interests

Examples include cases like De Leuw [1922] 2 Ch. 540.

Question 6

What is a derivative action in the context of Rule 19.10?

Answer 6

A claim brought by a beneficiary on behalf of the trust when special circumstances are shown

This is applicable if the beneficiary can demonstrate that the trustees colluded with the other party.

Question 7

What was the former rule before it was renumbered to Rule 19.10?

Answer 7

Rule 19.7A

It was renumbered by the Civil Procedure (Amendment) Rules 2023.

Question 8

True or False: Beneficiaries always have the right to bring proceedings in their personal capacity.

Answer 8

False

Except in special circumstances, beneficiaries do not have this status.

Question 9

Which case illustrates the application of Rule 19.10 regarding bare trusts?

Answer 9

McEneaney v Stevens

This case was decided on 2 May 2017.

Question 10

Fill in the blank: Trustees are the proper claimants in proceedings against _______.

Answer 10

third parties based on causes of action arising in respect of the trust

This is a key aspect of Rule 19.10.

Question 11

What happens when a person with an interest in a claim dies and has no personal representative?

Answer 11

The court may order the claim to proceed in the absence of a representative or appoint a person to represent the estate of the deceased.

This is outlined in Rule 19.12(1).

Question 12

What must be done if a grant of probate or administration has not been made regarding the deceased’s estate?

Answer 12

The claim must be brought against ‘the estate of’ the deceased, and the claimant must apply for an order appointing a person to represent the estate.

This is specified in Rule 19.12(2).

Question 13

What is the effect of bringing a claim against ‘the estate of’ the deceased?

Answer 13

The claim is treated as being brought against the personal representatives of the deceased even if a grant of probate or administration has not been made.

This is detailed in Rule 19.12(3).

Question 14

True or False: An order made under Rule 19.12 is not binding on the estate of the deceased.

Answer 14

False

Any order made in the claim is binding on the estate of the deceased according to Rule 19.12(5).

Question 15

What is the purpose of Rule 19.12(4)?

Answer 15

The court may direct notice of the application to be given to any other person with an interest in the claim.

This is to ensure that relevant parties are informed about the proceedings.

Question 16

Fill in the blank: The general rule of joinder applies where a party to proceedings has died and a formal grant of _______ is taken out in respect of their estate.

Answer 16

[representation]

This includes probate or letters of administration.

Question 17

What might prompt the court to make an order under Rule 19.12(1)?

Answer 17

The claim is relatively small, and the need for a formal grant may be disproportionate and cause unnecessary delay and expense.

This is illustrated in the case Barti v Steele Raymond (A Firm) [2001].

Question 18

What was held in the case Pratt v London Passenger Transport Board regarding appointing a representative?

Answer 18

There was no jurisdiction to appoint a person who is unwilling to act.

This was established under Pre-CPR authority.

Question 19

What may provide grounds for asking the court to make an order under Rule 19.12(1)(a)?

Answer 19

A refusal by an otherwise appropriate person to consent to be appointed.

This depends on the particular circumstances of the case.

Question 20

What is the best practice for the court when appointing a representative under Rule 19.12(1)?

Answer 20

The court should appoint the person most likely to have a substantial interest in the estate.

This ensures that the representative can adequately represent the interests of the deceased’s estate.

Question 21

What is required to represent the estate of a deceased person in court?

Answer 21

A person must be appointed to represent the estate of the deceased

This is often referred to as a personal representative.

Question 22

Who should a claimant issue a claim against when representing a deceased person’s estate?

Answer 22

The claimant should issue the claim against ‘the personal representatives of A.B. deceased’

This ensures that the claim is directed to the appropriate parties responsible for the estate.

Question 23

What types of claims are discussed in relation to partnerships?

Answer 23

Claims by and against partnerships within the jurisdiction

These claims involve multiple persons who were business partners at the time the cause of action accrued.

Question 24

What does the term ‘partners’ include according to the document?

Answer 24

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

This broad definition ensures that all relevant parties are considered in partnership claims.

Question 25

When must claims against a partnership be brought in its name?

Answer 25

Unless inappropriate, claims must be brought in or against the name under which the partnership carried on business

This applies at the time the cause of action accrued.

Question 26

What should a party specify when requesting a partnership membership statement?

Answer 26

The date when the relevant cause of action accrued

This is crucial for identifying the correct membership status at the time of the claim.

Question 27

True or False: A claim can be brought against an individual who carries on a business within the jurisdiction.

Answer 27

True

Claims can be directed at individuals involved in business activities within the jurisdiction.

Question 28

What is a ‘business name’ in the context of claims against partnerships?

Answer 28

A name under which a business is carried on that is different from the individual’s name

Claims can be brought against this business name as if it were the name of a partnership.