Parties Flashcards
When a claim is brought against trustees,executors or administrators in the at capacity do the beneficiaries of the trust also have to be added as parties to proceedings?
No beneficiaries do not have to be added to proceedings
but any judgment or order given or made in the claim is bing on the beneficiaries unless the court orders otherwise
When a person who has an interest in a claim has died and that person has no personal representative what can the court order?
(A) or (B)
(A) the claim to proceed in the absence of a person representing the estate fo the deceased
(B) a person to be appointed to present the estate of the deceased
Where a Defendant against whom a claim cold have been brought has died, who can the claim sue of grant of probate has been made? What should the C do if there is no grant of probate?
Grant of probate made = sue the deceased’s person representative
No grant of probate = claim must be brought against “the estate of X” and the C should apply for an order appoint a person to repent the estate fo the deceased in the claim
When the court makes an order when the D has died, who is the order binding on?
Judgment or order made or given is binding on the estate of the deceased
What is the definition of a child under CPR 21?
Person under 18
What is the definition of a protected party under CPR 21?
Means a party, or an intended party, who lacks capacity to conduct the proceedings
‘Lacks capacity’ = means lacks capacity with the meaning of the MentalCapacity Act 2005
- 2
(1) A protected party ________ a litigation friend to conduct proceedings on his behalf.
(2) A child ______ a litigation friend to conduct proceedings on his behalf unless the court makes an order under paragraph (3).
(3) The court may make an order permitting a child to ____________________________
- 2
(1) must have
(2) must have
(3) conduct proceedings without a litigation friend.
A company or other corporation may be represented at trial by an employee if –
(a) the ____________________________________ to appear at trial on its behalf; and
(b) the court ____________________
(a) employee has been authorised by the company or corporation
(b) gives permission.
Who may make an application for an order permitting a child to conduct proceedings without a litigation friend?
(a) may be made by the child;
(b) if the child already has a litigation friend, must be made on notice to the litigation friend; and
(c) if the child has no litigation friend, may be made without notice.
If the court has made an order allowing a child to conduct litigation without a litigation friend can they change their mind?
It is subsequently appear to the court that it is desirable for a litigation fiend to conduct the proceedings on behalf of the child the court may appoint a person to be the child’s litigation friend
2) A person may not, without the permission of the court –
(a) make an application against a child or protected party before ________________; or
(b) take any step in proceedings except –
(i) issuing and serving ________; or
(ii) applying for the _____________________________ under rule 21.6,
until the child or protected party has a litigation friend.
(3) If during proceedings a party lacks capacity to continue to conduct proceedings, no party may take any ___________ in the proceedings without the ________ of the court until the protected party has a ______________
(4) Any step taken before a child or protected party has a litigation friend has ___________ unless the court orders otherwise.
(A) proceedings have started
(I) a claim form
(ii) appointment of a litigation friend
(3) further step / permission / litigation friend
(4) no effect
A person may act as a litigation friend if he—
(a) can _____ and __________ conduct proceedings on behalf of the child or protected party;
(b) has ________________ to that of the child or protected party; and
(c) where the child or protected party is a claimant,________________ any costs which the child or protected party ____________ to pay in relation to the proceedings, subject to any right he may have to be _______ from the assets of the child or protected party.
(A) fairly / competently
(B) no interest adverse
(C) undertakes to pay / may be ordered / repaid
Where a claim is made by or on behalf of / or against a child or protected party
when will a settlement be valid?
Only when it has been approved by the court
When a settlement has been reached in relation to a claim by or on behalf / against a child or protected party, before proceedings have begun and the sole purpose it to obtain approval of the settlement
What must the claim be?
Must include a request for the court to approve the settlement and must be made using the Pt 8 procedure
What happens to any money which the child/protected party is awarded?
Money will be paid into the court
Court likely to give directions for investment of the settlement monies
Claim for child/protected party
What must the court be satisfied of in order to approve the settlement when the claim involves future pecuniary loss?
Must be satisfied that parties have considered whether the damages should wholly or partly take the from of periodical payments
When the court’s approval is sought for settlement of a case concerning a child or protected party what needs to be filled with the court:
(1) ____ proposals
(2) _____ evidence
(3) ______ opinion
(4) _______ of loss
(5) Documentary _______
(6) ________ evidence
(7) ___________ approval
- Settlement
- Medical
- Counsel’s
- Schedule
- Evidence
- Financial
- Litigation friend’s
How many parties can be joined to proceedings?
Any number of claimants and defendants may be joined as parties to a claim