DR: Parties to Proceedings Flashcards
(33 cards)
What must be included in a claim form regarding parties?
The full name of each party must be included in the claim form.
Proper consideration must be made about how to refer to each party.
How should individuals be referred to in a claim?
Individuals should be referred to using their full unabbreviated name and title, for example, Mr Stephen James Smith.
This ensures clarity in legal documentation.
What is required when bringing claims against partnerships?
Claims must be brought against the name under which the partnership carried on business at the time the cause of action accrued.
This is unless it is inappropriate to do so.
When might it be inappropriate to use the partnership name in a claim?
It may be inappropriate when there have been multiple changes of the partnership name or mergers.
Identifying partners by individual names can be clearer in such cases.
What is the legal status of a partnership in claims?
A partnership is not a separate legal entity.
Claims are generally brought in or against the name of the partnership.
What should be included when bringing claims against a sole trader?
Both the individual’s name and trading name should be used, for example, John Flagstone (trading as John’s Café).
This clarifies the identity of the party involved.
What distinguishes an LLP from other business structures?
An LLP is a separate legal entity distinct from its members, allowing it to hold property and enter contracts.
Members of an LLP have limited liability.
How should claims against a company be formatted?
The claim must include the full registered name of the company, including the suffix like plc or limited.
Example: Rockstone Limited.
What is required when claiming against trusts?
Claims can be brought by or against trustees, executors, or administrators without adding beneficiaries as parties.
Any order made is binding on the beneficiaries.
What happens if a party with an interest in a claim dies?
The court may order the claim to proceed in the absence of a personal representative or appoint someone to represent the estate.
This is under CPR 19.12.
Who is considered a protected party?
A protected party is any person who lacks the capacity to conduct proceedings due to impairment or disturbance of the brain or mind.
This definition is according to the Mental Capacity Act 2005.
What is a litigation friend?
A litigation friend is a person who represents a child or protected party in civil proceedings.
They must be able to conduct proceedings competently and fairly.
What are the criteria for appointing a litigation friend?
Must be able to fairly conduct proceedings, have no adverse interest, and undertake to pay any costs.
This is outlined in CPR 21.4(3).
What are the provisions for serving documents on children and protected parties?
Documents must be served on the litigation friend of the child or protected party.
There are different provisions for appointing a litigation friend.
What happens if a child or protected party lacks a litigation friend during proceedings?
No further steps can be taken in the proceedings without court permission until a litigation friend is appointed.
This is stipulated in CPR 21.3.
What is required for settlements involving children or protected parties?
No settlement is valid without court approval.
This applies whether the settlement is reached before or after proceedings have begun.
What must be filed to obtain court approval for a settlement before proceedings have started?
Details of the claim, terms of the settlement, litigation friend’s approval, and any financial advice must be filed.
This ensures the court has all necessary information for approval.
What are the court’s responsibilities regarding money recovered by a child or protected party?
Monies must be dealt with according to the court’s directions.
This includes potential investment or payment into court.
What does the Court of Protection do regarding protected parties?
It protects the property of protected parties and administers their funds under the Mental Capacity Act 2005.
The court charges fees for this administration.
How is money recovered for a child typically managed?
The court may direct investments for the child’s benefit and order payments for immediate expenses.
Investment strategies can vary based on the amount recovered.
What is crucial when dealing with settlements for personal injury cases involving children or protected parties?
The court must have documentary evidence and opinions regarding quantum for approval of settlements.
This includes medical reports and schedules of loss.
What should be noted about the investment of funds for children?
The court may allow funds to be invested in ways that benefit the child, including trusts.
The court can also appoint professional trustees.
What is a key point regarding the identification of parties in claims?
It is essential to refer to the correct parties in the claim form according to their legal status.
This includes individuals, partnerships, sole traders, LLPs, and companies.
What is the consequence of not having a litigation friend for a child or protected party?
Any step taken without a litigation friend has no effect unless ordered by the court.
This emphasizes the importance of proper representation.
