Parties Flashcards
Claims against persons carrying on business in another name (partnerships)
If a claim is brought again a person who carries on business within the jurisdiction but it’s carried on in another name then the claim may be brought against the business name as if it were the name of the partnership
Claims by and against partnerships - how to address them?
Where the partnership has a name, unless it is inappropriate to do so, claim must be brought against the name under which the partnership carried business at the time CoA accrued
Representation of beneficiaries by trustees - bringing a claim
A claim may be brought by or against trustees, executors or administrators In that capacity without adding as parties any persons who have a beneficial interest in the trust or state.
Any judgement or order is binding on the beneficiaries unless the court orders otherwise.
What if someone who has an interest in a claim dies?
If they have no personal representative the court may order that 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.
Any judgement or order is banding on the estate of the deceased.
Children, protected parties and litigation friends - CPR 21.1 - set out/enforcement?
Part 21 sets out how a person becomes a litigation friend and does not apply to proceedings to enforce by taking control of goods were one of the parties to the proceedings is a child.
Requirement for a LF in proceedings by or against children and protected parties
A protected party must have a litigation friend to conduct proceedings on his behalf.
A child must have a litigation friend to conduct proceedings on his behalf unless the court makes an order to allow a child to conduct the proceedings without.
An application for a child to conduct proceedings without a litigation friend can be made by the child.
Stage of proceedings where a LF becomes necessary 21.3
A person may not without the permission of the court make an application against a child or protected party before proceedings have started or take any steps except issuing and serving a claim form or applying to appoint a litigation friend, until they have an LF.
If a party during proceedings lacks capacity to continue, no party may take any further step in the proceedings until they have an LF.
Any step taken before a child or protected party has a LF has no effect unless the court orders otherwise.
How does a person become a litigation friend without a court order?
If a court has not appointed won a person who wishes to act as one was follow the procedure.
A certificate to conduct or a certificate of suitability must be filed with the court and served on every party.
Comprise or settlement etc by a LF?
No settlement, compromise or payment and no acceptance of money paid into court shall be valid on behalf or against the child a protected party without the approval of the court.
If a party wishes to obtain approval of the court to a settlement or compromise the claim must be made using part 8.
The court will not make an order for detailed assessment of the costs payable to the child or protected party but will assess on standard basis?
Representation at trial of companies or other corporations
A company or corporation may be represented at trial by an employee if the employee has been authorised and the court gives permission.
