Parties to Proceedings Flashcards
What must a claim form outline?
Who the parties are.
How are claims brought against partnerships?
Against two or more people who were partners at the time the cause of action accrued.
What does CPR state about how a partnership should be named?
Claims must be brought against the name under which partnership carried on business unless inappropriate.
Is a partnership a legal entity?
No, but naming the partnership and the partners is useful for enforcement.
What if the partnership is dissolved?
Claim is made against the former partners in the name of the dissolved firm.
How are claims brought against sole traders?
Use both the individual’s name and trading name (e.g. John Flagstone trading as John’s Café).
How are claims brought against LLPs?
Against the LLP itself, as it is a separate legal entity.
How are claims brought against companies?
Against the company itself, including suffix (e.g., plc or limited).
Can an employee represent a company at trial?
Yes, if authorised and court gives permission.
How are claims brought involving trusts? Do you add the beneficiaries?
By or against trustees, executors or administrators. Beneficiaries need not be added.
Are orders binding on trust beneficiaries?
Yes, unless the court orders otherwise.
How are claims brought involving deceased persons?
By or against personal representatives, or court may appoint a representative.
Do you claim against personal representatives or the estate of a deceased?
If grant issued, claim is against personal reps. If not, claim is against ‘estate of’ the deceased with court appointment.
Who are children and protected parties?
Children under 18 or those lacking capacity per the Mental Capacity Act 2005.
What is the presumption of capacity?
An adult is presumed to have capacity until proven otherwise.
What questions should legal advisers consider for capacity?
Recognition, explanation, understanding advice, choosing and instructing.
What if capacity is in doubt?
Seek advice from psychologist or psychiatrist and supporting evidence.
What is a litigation friend?
Person representing a child or protected party in proceedings.
Requirements to act as a litigation friend?
Must conduct fairly, no adverse interest, and agree to pay potential costs.
How is a litigation friend appointed?
Often without court order if criteria met; otherwise, through court.
Can the court appoint a litigation friend?
Yes, and may allow child to proceed without one.
How are documents served on children / protected parties?
Documents must be served on the litigation friend.
Is a litigation friend required for issuing and serving a claim form?
No, this step can be done without one.
