Summary Civil Litigation UNIT 8 - Defences, Default Judgements, and Relief from Sanctions
4 views 0 purchase
Course
BPC
Institution
BPC
Tired of scratching your head at the White Book until in the early hours?! Try these minimalist and easy-to-digest summary notes which just cut to the chase!
Each one of these summary note packs strictly follow the BPC syllabus and tell you exactly what you need to know to achieve the Very Comp...
7. Children and Protected Parties
Includes:
- What is a Litigation Friend?
- When is a Litigation Friend Necessary?
- Settlements and Payments (PD 21.5+6)
- Who can be a Litigation Friend?
What is a Litigation Friend?
A litigation friend is someone who acts on behalf of a child or protected party
during court proceedings.
- A ‘child’ is anyone under 18.
- A ‘protected party’ refers to a party who lacks the capacity to conduct
proceedings.
- In proceedings, they are written as [name] (a child/ protected party)
by [name] as a litigation friend.
Under CPR 21.1:
(1) Any protected party must have a litigation friend to conduct
proceedings on their behalf.
(2) A child must also have proceedings conducted on their behalf by a
litigation friend, unless the court orders otherwise.
- An order of this nature is made upon application by the child.
- If the child already has a litigation friend, they must serve notice of
this application on the litigation friend; or
- If the child does not have a litigation friend, without notice.
- If the court makes an order of this nature but later changes its mind, the
court has the right to appoint a person to be the child’s litigations friend.
When is a Litigation Friend Necessary?
21.3 A litigation friend becomes necessary immediately after the issuing and
serving of a claim form.
- The only action that can be taken after this, without the court’s permission, is
applying for the appointment of a litigation friend.
Settlements (PD 21.5+6)
21.10 Where a claim is made by or against a child or protected party, no settlement,
comprise, or payment can be made or accepted on behalf of a child/ protected
party without the approval of the court.
PD21.5 Where a settlement is agreed before the issue of proceedings and the
approval of the court is sought, the claim must state:
(a) The terms of the settlement;
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mattjlr. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.12. You're not tied to anything after your purchase.
