Someone recently bought our

students are currently browsing our notes.

X

Parties And Joinder Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

This is an extract of our Parties And Joinder document, which we sell as part of our BPTC Civil Ligitation Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

BRINGING PROCEEDINGS BY OR AGAINST PARTICULAR CLASSES OF PARTY Party

Form of words

Individual

Mr TIM FOLLARD if change name: Mrs JANE FOLLARD (formerly Miss JANE CHEESBOARD)

Child

Mr ROBIN GIRTH (a child, by Miss AMANDA RENNETT his litigation friend)

Child turning 18

Mr JOCK GIRTH (formerly a child but now of full age)

Protected party

Mr MICHAEL SCHUMACHER by Mr SEBASTIAN VETTEL his litigation friend

Partnership

RATCASH (a firm)

Sole trader

Miss ELLEN FENNEY, trading as RATCASH

Company

limited: RATCASH LIMITED unclear from name: RATCASH (a company limited by guarantee) in liquidation: RATCASH LIMITED (in liquidation)

Bankrupt

The trustee of the estate of Miss MIQUITA OLIVER, a bankrupt

Deceased party

Mr BRAD PITT (executor of the estate of Mr PHILLIP SEYMOUR HOFFMAN deceased)

Deceased D, no grant of probate /
administration

The personal representatives of Mr PHILLIP SEYMOUR HOFFMAN deceased

Representative proceedings

Mr TIM FOLLARD and Miss SOPHIA GIRTH on behalf of themselves and all other persons carrying on trade as adult entertainers in the parish of Dickinson.

Intervention

(Miss ANNA GIRTH intervening)

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

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

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

o child's LF = relative w/ no adverse interest in litigation o PP's L = deputy appointed by Court of Protection o becoming LF without needing court orderwhen 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:

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

o has no adverse interest; AND o if acting for C undertakes to pay pp's costs subject to right to be repaid from assets of child/ppserve certificate on all whom claim form must be served upon and file certificate of service

o becoming a LF by court orderperson wishing to become LF OR party appliescourt 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 o file and serve notice: (a) (b) (c) (d)

state child has turned 18 state LF's appointment ceased give address for service state if ex-child intends to remain a party

? PP regains capacity o LF's appointment ended by court order o any party (including PP and LF) can apply for order
? who to serve?
o child - parent / guardian OR if none, adult child lives with o PP - person power of attorney OR if none, adult PP lives with
? seeking approval of settlements in monetary claims o settlement agreed before commencement of proceedings - use Part 8 procedure

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

o regardless of when settlement agreed

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

More BPTC Civil Ligitation Samples