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Summary Civil Litigation - Parties Notes
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Civil Litigation Syllabus Notes on Parties, used in conjunction with the White Book from BPTC 2019/2020.
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Syllabus 5 Parties Partnerships, sole traders, LLPs and companies, trusts and deceased persons
Children and persons suffering from mental incapacity
CPR: Part 7
7.2A PD 7A makes provision for procedures to be followed when claims are brought by or
against a partnership within the jurisdiction.
PD 7A How to start proceedings- the claim form
5A Claims by and against partnerships within the jurisdiction
5A.1 Paras 5A and 5B apply to claims that are brought by or against two or more persons
who— (i) were partners; and (ii) carried on that partnership business within the
jurisdiction, at the time when the cause of action accrued.
5A.2 Partners includes persons claiming to be entitled as partners and persons alleged to
be partners.
5A.3 Where that partnership has a name, unless it is inappropriate to do so, claims must
be brought in or against the name under which that partnership carried on business at the
time the cause of action accrued.
5C Persons carrying on business in another name
5C.1 This para applies where— (a) claim is brought against an individual; (b) that
individual carries on a business within the jurisdiction (even if not personally within the
jurisdiction); and (c) that business is carried on in a name other than that individual’s own
name (“the business name”).
5C.2 The claim may be brought against the business name as if it were the name of a
partnership.
CPR - Part 19
19.7A Representation of beneficiaries by trustees etc.
A claim may be brought by or against trustees, executors or administrators in that capacity
without adding as parties any persons who have a beneficial interest in the trust or estate
(“the beneficiaries”). Any judgment or order given or made in the claim is binding on the
beneficiaries unless the court orders otherwise in the same or other proceedings.
19.8 Death
Where a person who had an interest in a claim has died and that person has no personal
representative the court may order— (a) the claim to proceed in the absence of a person
representing the estate of the deceased; or (b) a person to be appointed to represent the
estate of the deceased.
Where a D against whom a claim could have been brought has died and—
, Syllabus 5 Parties
(a) A grant of probate or administration has been made, the claim must be brought against
the persons who are the personal representatives of the deceased;
(b) A grant of probate or administration has not been made— (i) the claim must be brought
against “the estate of” the deceased; and (ii) the C must apply to the court for an order
appointing a person to represent the estate of the deceased in the claim.
A claim shall be treated as having been brought against “the estate of” the deceased in
accordance with para (2)(b)(i) where— (a) the claim is brought against the “personal
representatives” of the deceased but a grant of probate or administration has not been
made; or (b) the person against whom the claim was brought was dead when the claim was
started.
Before making an order under this rule, the court may direct notice of the application to be
given to any other person with an interest in the claim.
Where an order has been made under paragraphs (1) or (2)(b)(ii) any judgment or order
made or given in the claim is binding on the estate of the deceased.
CPR - Part 21: Children and Protected Parties
21.1 Scope of this part
(1) This Part— (a) contains special provisions which apply in proceedings involving children
and protected parties; (b) sets out how a person becomes a litigation friend; and (c) does
not apply to— (i) proceedings under Part 75; (ii) enforcement of specified debts by taking
control of goods; or (iii) applications in relation to enforcement of specified debts by taking
control of goods, where one of the parties to the proceedings is a child.
(2) In this Part—
(i) ‘the 2005 Act’ means the Mental Capacity Act 2005;
(ii) ‘child’ means a person under 18;
(iii) ‘lacks capacity’ means lacks capacity within the meaning of the 2005 Act;
(iv) ‘protected party’ means a party, or an intended party, who lacks capacity to conduct the
proceedings;
(v) ‘protected beneficiary’ means a protected party who lacks capacity to manage and
control any money recovered by him or on his behalf or for his benefit in the
proceedings;
(vi) “specified debts” has the same meaning as in rule 75.1(2)(e); and
(vii) “taking control of goods” means using the procedure to take control of goods
contained in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
(r 6.13 and 6.25 contain provisions about the service of documents on children and
protected parties + r46.4 deals with costs where money is payable by or to a child or
protected party.)
21.2 Requirement for a litigation friend in proceedings by or against children and
protected parties
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