Parties to Proceedings Flashcards
How must an individual be named on a claim form?
a) By their initials only
b) By their full name and title
c) By their last name and occupation
d) By their first name and an abbreviation
b) By their full name and title
Explanation: The full, unabbreviated name and title of each individual must be included on the claim form (e.g., Mr Stephen James Smith).
How should a sole trader be named in proceedings?
a) By their business name only
b) By their personal name only
c) By both their personal name and trading name
d) By the name of their employees
c) By both their personal name and trading name
Explanation: A sole trader should be named as both the individual and their trading name (e.g., John Flagstone (trading as John’s Café)).
How is a partnership normally sued under CPR 7.2A?
a) By listing all individual partners separately
b) By using the partnership name
c) By suing the managing partner only
d) By naming all current and former employees
b) By using the partnership name
Explanation: Under CPR 7.2A and 7A PD 5A, a partnership should be sued using its trading name (e.g., Flagstones (a firm)). Individual partners may also be named if necessary.
How should a Limited Liability Partnership (LLP) be sued?
a) By listing all members separately
b) By naming the LLP as a separate entity
c) By suing only the managing partner
d) By listing all employees as co-defendants
b) By naming the LLP as a separate entity
Explanation: An LLP is a separate legal entity, so the claim should be issued against the LLP’s full registered name (e.g., Flagstones LLP).
Who should be sued when making a claim against a company?
a) The shareholders
b) The board of directors
c) The company itself
d) The employees responsible for the issue
c) The company itself
Explanation: A company is a separate legal entity, so the claim must be brought against the company in its full registered name (e.g., Rockstone Limited).
A claimant wants to sue a partnership but is unsure whether to name the individual partners. What should they do?
a) Sue the partnership only
b) Sue the partnership but also name the partners if personal assets may be needed for enforcement
c) Only name the managing partner
d) Sue each partner separately
b) Sue the partnership but also name the partners if personal assets may be needed for enforcement
Explanation: The partnership’s name can be used, but if enforcement against personal assets is likely, individual partners should also be named.
A claimant wants to sue a sole trader who operates under a business name. How should they name the defendant?
a) The business name only
b) The individual’s name only
c) Both the individual’s name and the trading name
d) The sole trader’s registered office
c) Both the individual’s name and the trading name
Explanation: A sole trader and their business are not separate entities, so both should be named (e.g., John Flagstone (trading as John’s Café)).
A claimant wishes to sue an estate but no grant of probate has been made. Who should the claim be issued against?
a) The deceased’s next of kin
b) The estate of the deceased
c) The deceased’s solicitor
d) The executor’s personal assets
b) The estate of the deceased
Explanation: Under CPR 19.8(2), if there is no grant of probate or administration, the claim is issued against “the estate of the deceased”, and the claimant must apply to the court for a representative to be appointed.
A personal injury claim is being made against a company. Who may represent the company at trial?
a) A shareholder
b) An employee authorised by the company and permitted by the court
c) The most senior employee available
d) The company’s creditors
b) An employee authorised by the company and permitted by the court
Explanation: Under CPR provisions, a company may be represented by an employee if the company authorises them and the court grants permission.
If a child wants to bring a claim, what must happen?
a) The child must bring the claim in their own name
b) The claim must be brought by a litigation friend
c) The child must wait until they turn 18
d) The court must appoint a lawyer for them
b) The claim must be brought by a litigation friend
Explanation: Under CPR 21.2, a child must be represented by a litigation friend in proceedings.
A claimant wishes to sue an LLP for breach of contract. What is the correct approach?
a) Sue the individual LLP members
b) Sue the LLP as a separate legal entity
c) Sue only the managing member
d) Sue each employee of the LLP
b) Sue the LLP as a separate legal entity
Explanation: An LLP has separate legal personality, so claims must be issued against the LLP itself, not its members.
- A child is injured due to negligence and their parents wish to bring a claim. Who must act on their behalf?
a) The parents as claimants
b) A litigation friend
c) The child personally
d) A legal guardian appointed by the court
b) A litigation friend
Explanation: Under CPR 21.2, a litigation friend must conduct proceedings for a child or protected party.
A claimant dies before proceedings begin, and no grant of probate has been made. How should the claim proceed?
a) It cannot proceed
b) It must be issued against “the estate of the deceased”
c) It must be issued against the next of kin
d) It must be issued against the deceased’s solicitor
b) It must be issued against “the estate of the deceased”
Explanation: Under CPR 19.8(2), where no probate/administration exists, the claim is issued against “the estate of the deceased”.
A protected party lacks mental capacity and needs to bring a claim. Who can act for them?
a) The claimant’s doctor
b) A litigation friend
c) The claimant personally
d) The court must act on their behalf
b) A litigation friend
Explanation: Under CPR 21.2, a litigation friend must act for a protected party in civil litigation.
A company has dissolved but was in breach of contract before dissolution. What should a claimant do?
a) Sue the former directors
b) Apply for the company to be restored and sue the company
c) Sue the shareholders
d) The claim is void and cannot proceed
b) Apply for the company to be restored and sue the company
Explanation: If a company dissolves, a claimant must apply for restoration to the Companies Register and then sue the reinstated company.
