2. Parties Flashcards
(26 cards)
What does CPR 3.10 state about procedural errors?
A procedural error does not automatically invalidate a step in proceedings unless the court orders otherwise. The court has discretion to remedy the error.
Who can be sued in a claim involving a trust under CPR 19.10?
A claim can be brought against trustees, executors, or administrators without adding beneficiaries as parties. Any judgment will be binding on the beneficiaries unless the court decides otherwise.
What happens when a person with an interest in a claim dies and has no personal representative? (CPR 19.12)
The court may either: (1) allow the claim to proceed in their absence, or (2) appoint a representative for them.
What must a claimant do if the defendant has died? (CPR 19.12)
If probate/administration has been granted, the claim must be brought against the personal representatives. If there is no probate/administration, the claim must be against the estate of the deceased, and the claimant must apply for a court-appointed representative.
Under PD7A 7.1, when do special rules apply to partnerships?
Special rules apply when a claim is brought by or against two or more people who: (1) Were business partners, and (2) Conducted business within the jurisdiction when the cause of action occurred.
What does PD7A 7.2 define as a ‘partner’ for legal claims?
‘Partners’ include actual partners, those claiming to be partners, and those alleged to be partners.
How should claims involving a partnership be titled? (PD7A 7.3)?
If a partnership has a name, claims must be issued in that name unless inappropriate.
How can an individual running a business be sued? (PD7A 9.1-9.2)?
An individual carrying on a business within the jurisdiction can be sued under the business name, as if it were a partnership.
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Who must have a litigation friend under CPR 21.2?
A protected party must always have a litigation friend. A child must have one unless the court orders otherwise.
When can a child apply to conduct proceedings without a litigation friend?
A child can apply to conduct proceedings without a litigation friend, but must give notice to an existing litigation friend if they have one.
How does the court refer to a child in proceedings, depending on whether they have a litigation friend?
If the child has a litigation friend: ‘[Name] (a [child] [protected party]) by [Name] as litigation friend’. If they do not have one: ‘[Name] (a child)’.
What restrictions exist on making applications against a child or protected party before proceedings? (CPR 21.3)
Without the court’s permission, no one may make applications against a child or protected party before proceedings, except for issuing and serving a claim form or applying for a litigation friend.
What happens if a party becomes mentally incapacitated during proceedings? (CPR 21.3)
If a party becomes mentally incapacitated, no further steps can be taken until they have a litigation friend, unless the court permits otherwise.
Who can act as a litigation friend if no court-appointed deputy exists? (CPR 21.4)
If no court-appointed deputy exists, a person may act as a litigation friend if they meet specific conditions outlined in CPR 21.4.
What conditions must be met for someone to act as a litigation friend? (CPR 21.4)
A litigation friend must: (a) fairly and competently conduct proceedings, (b) have no adverse interest, and (c) undertake to pay any costs (subject to reimbursement from the child/protected party’s assets).
What does CPR 21.10 say about compromising or settling a claim involving a child or protected party?
No settlement, compromise, or payment in a claim involving a child or protected party is valid without court approval.
(7) What must be included in documents supporting a court approval request for settlements involving a child or protected party? (CPR 21.10)
The request must include: a draft consent order, details of liability admission, child’s age and occupation, litigation friend’s approval, medical/financial evidence, accident details (if PI case), and legal opinion on settlement merits.
What procedure must be followed if a settlement involving a child or protected party is agreed before proceedings start?
If a settlement, compromise, or payment is agreed before proceedings begin and the sole purpose of proceedings is court approval, the claim must be made using Part 8 and must include a request for approval of the settlement, payment, or compromise.
What must the court consider when approving a settlement involving future damages for a child or protected party? (CPR 21.10)
The court must be satisfied that parties have considered whether future damages should be structured as periodic payments.
What additional requirements exist if a settlement includes periodic payments? (CPR 21.10)
If periodic payments are included, the draft consent order must comply with the requirements in CPR 41.8 and 41.9.
How does the court handle costs in proceedings covered by Section IV of Part 45? (CPR 21.10)
For cases covered under Section IV of Part 45, the court will not order detailed assessment of costs. Instead, costs will be assessed as outlined in that section.
What details must be provided if a settlement includes compensation for a dependent child? (CPR 21.10)
If a settlement includes a sum allocated to a dependent child, the court must be provided with details of: (a) the claimed loss of future earnings of the deceased, and (b) the nature and extent of the child’s dependency.
