Parties And Joinder Notes

BRINGING PROCEEDINGS BY OR AGAINST PARTICULAR CLASSES OF PARTY

Individuals

• full names and titles; initials if they are all known

• possible to commence proceedings using D's surname

• litigant who changes name must file notice at court office and serve on other parties

Direct claims against motor insurers

• general rule: if D insured, only bring proceedings against D (NOT insurer too)

• exception: Cs can bring tort proceedings arising out of road accidents against driver and insurer

Persons under disability

• children

• protected parties (PP)

  • presumption of full mental capacity, displaced where impairment of mind/brain prevents them from making relevant decisions

• litigation friends

  • person under disability must sue - and be sued by - LF (court can give child permission to dispense with LF, and reinstate LF if necessary)

  • until LP appointed, no steps beyond issuing and serving claim form and applying to appoint LP can be taken - r21.3(2)(b)

  • child's LF = relative w/ no adverse interest in litigation

  • PP's L = deputy appointed by Court of Protection

  • becoming LF without needing court order

    • when takes first step in proceedings (if acting for C = issuing claim form), person intending to act as LF must file:

      • deputy: official copy of Court of Protection order (deputy)

      • any other person: certificate of suitability, stating that:

        • can fairly and competently conduct proceedings on pp's behalf

        • has no adverse interest; AND

        • if acting for C undertakes to pay pp's costs subject to right to be repaid from assets of child/pp

      • serve certificate on all whom claim form must be served upon and file certificate of service

  • becoming a LF by court order

    • person wishing to become LF OR party applies

    • court may then appoint that person if suitable (see above)

    • may be necessary if PP is a D, as no steps can be taken in claim

• child turning 18

  • file and serve notice:

1. state child has turned 18

2. state LF's appointment ceased

3. give address for service

4. state if ex-child intends to remain a party

• PP regains capacity

  • LF's appointment ended by court order

  • any party (including PP and LF) can apply for order

• who to serve?

  • child - parent / guardian OR if none, adult child lives with

  • PP - person power of attorney OR if none, adult PP lives with

• seeking approval of settlements in monetary claims

  • settlement agreed before commencement of proceedings - use Part 8 procedure

  • settlement agreed after commencement of proceedings - issue application notice under Part 23

  • regardless of when settlement agreed

    • must be supported by written evidence (whether D admits liability, age of child, LF's approval of settlement)

    • must supply counsel's instructions and opinion on merits to court

  • approval hearing

    • heard by DJ / master in chambers, decision pronounced publicly

    • question for court: is settlement in child / PP's best interests?

      • N adjourn for renegotiation

      • Y settlement approved

        • Q: does PP lack capacity to manage money (protected beneficiary)

          • Y court of protection make investment decisions

          • N court invests money for purpose for which damages awarded

Sole traders

• sue as individual

Partnerships

• definition

  • partnership = number of people carry on business in common w/view to profit

• joint and several liability

  • partners are jointly AND severally liable can sue:

1. jointly liable - partnership (has partnership assets / insurance)

   1. if partnership has name must bring claim against name only (= shorthand for all partners at accrual)

-------OR--------

2. severally liable: individual partners (e.g. if partnership bankrupt, 1 partner has lots of assets)

• service

  • usual methods

  • individuals suing / being sued in name of partnership: address for service = usual / last known residence OR last known place of business of partnership

• acknowledging service where claiming against the partnership

  • must acknowledge service in name of partnership, on behalf of all partners at accrual

  • any partner (or person authorised by partners) may sign acknowledgement

• disclosure of individual partners at accrual's names

  • any party may request membership statement

  • partners must provide within 14 days of receipt (PD 7A para 5B)

• who / what can a judgment be enforced against

  • always: partnership assets in jurisdiction (PD 70 para 6A.1)

  • sometimes: individual partner

Registered companies

• at hearing, duly authorised individual must complete written statement giving: company's full name and registration number, status of authorised individual, date authorised and how e.g. Fatcash, 243424, director, 17 September 2013: board resolution dated 1 September 2013

• overseas companies

  • must register list of names and addresses of UK residents authorised to accept service + other documents with registrar of companies

  • service

    • leave at OR post

    • to address of authorised person OR UK place of business

• companies in liquidation

  • during...

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