Parties (Syllabus 7) Flashcards
What is the purpose of PD 7A?
it makes provision for procedures to be followed when claims are Brough by or against a partnership in the jurisdiction.
Can a claim be brought against trustees, executors or administrators?
Yes if they have a beneficial interest in the trust or estate
What is the effect of a judgment or order made in a claim against beneficiaries?
it is bidding unless the court orders otherwise in the same or other proceedings
What happens where a party who has an interest in a claim has died and that person has no personal representative?
the court may order that the claim should proceed in the absence of a person representing the estate of the deceased; or
a person should be appointed to represent the estate of the deceased.
What happens where a grant of probate or administration has been made against a defendant who has died?
the claim must be brought against the persons who are the personal representatives of the deceased.
What happens where a defendant against whom a claim could have been brought has died and a grant of probate or administration was not made?
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.
When can claims be brought against a partnership?
when there are two or more person who were partners and carried on that partnership business within the jurisdiction at the time when the cause of action accrued.
Where the partnership has the name what name should the claim be brought in?
the name under which the partners carried business at the time when the cause of action accrued.
What name should the claim be under where it is against an individual who carries business in another name?
if a claim is brought against an individual who carries on a business within the jurisdiction and business is carried on in name other that person’s own name. The claim may be brought against the business name as if it were a name of a partnership.
What does a child mean?
a person under the age of 18
What does it mean for a party to lack capacity?
a party will lack capacity within the meaning of the 2005 Act?
What are the requirements for a litigation friend 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 permitting a child to conduct proceedings without a litigation friend.
When can an application be made for an order allowing a child to conduct proceedings without a litigation friend?
a child can make an application.
if the child has a litigation friend, notice must be given to that litigation friend; and
if the child has no litigation friend, the application can be made without notice.
What can the court do if they make an order allowing a child to conduct proceedings without a litigation friend, but it later appears desirable for a litigation friend to be involved?
the court can appoint a litigation friend.
At what stage in proceedings does a litigation friend become necessary?
a person may not without the permission of the court-
(1) make an application against a child/protected part before the proceedings have started; pr
(2) take any step in the proceedings except-
(a) issuing and serving the claim; or
(b) applying for the appointment of a litigation friend
until the child or protected party has a litigation friend
