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BPTC Civil Litigation Parties Exam with 100%
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What is the general rule regarding Beneficiaries of Trustees in a claim? - ✔✔Beneficiaries do not need to be added as a party when a claim is brought against them.
Any judgment or order is binding on the beneficiary unless the court orders otherwise.
What happens when a person who had an interest in a claim dies and they have no personal representative? - ✔✔The court can order the claim proceeds in the absence of a representative, or a person is appointed to represent the estate of the deceased.
What happens when a Defendant died and a grant of probate of administration has been made? -
✔✔The claim must be brought against the representative, or the claimant must apply for an order for the appointment of a person to become representative of the deceased's estate.
What is the procedure for when a claim is brought against a personal representative of the deceased, but a grant of probate or administration has not been made, or the defendant was dead when the claim
was started? - ✔✔A claim shall be treated as having been brought against the estate of the deceased.
Can the court direct the application to be given to any other person with an interest in the claim? -
✔✔Yes
Is any judgment or order given to a person with interest in the claim binding? - ✔✔Yes
When cases does CPR 21.1 (children and litigation friends) not apply to? - ✔✔The enforcement of specified debts by taking control of good, or applications of such nature when the party is a child.
Must a child have a litigation friend? - ✔✔Yes, unless the court orders otherwise.
What is the procedure for a child making an application? - ✔✔If they have a litigation friend, then on notice to them. If they do not have one, it can be made without notice.
Can the court appoint a litigation friend once proceedings have commenced? - ✔✔Yes, if it is subsequently becomes desirable.
Must a protected party have a litigation friend? - ✔✔Yes
Can a person make an application against a child/protected party before proceedings have started, or take any steps in proceedings? - ✔✔Not without permission from the court, apart from issuing and serving a claim form, or applying for the appointment of a litigation friend, until the protected party/child has a litigation friend. This does not apply if the court approves the child to have no litigation friend.
What happens to proceedings if it becomes apparent the child does need a litigation friend? - ✔✔Proceedings may be stayed whilst one is appointed.
Who can be a litigation friend without a court order? - ✔✔A deputy appointed by the Court of Protection under the 2005 Act, or
An individual who can fairly and competently conduct proceedings on behalf of the protected party/child, has no interest adverse to them, or when the protected party/child is the claimant, undertakes to pay any costs they may be ordered to pay (even if repaid from assets).
What do Parts 7A and 5C relate to? - ✔✔Persons carrying on business in another name- when a claim is brought against an individual who carries on business within the jurisdiction (even if not personally within the jurisdiction) and that business is carried on in a name other than the individual's own.
What must an agreement for settlement/compromise by/on behalf of a protected party/child before proceedings are issued, include for approval of the court? - ✔✔The terms of the agreement or draft consent order in Practice Form N
Details of whether and to what extent liability is accepted
The she and occupation (if applicable) of the protected party/child
The Litigation friend's approval of the agreement
A copy of any relevant financial advice
What also must be included for a PI claim against a protected party/child when an agreement for settlement/compromise has been agreed before the issuing of proceedings? - ✔✔Details of the circumstances of the accident
Medical and quantum reports
Joint statements material to the opinion
Where appropriate, a schedule of any past and future expenses and losses
Where considerations of liability are raised, any evidence or reports in any criminal proceedings or in an inquest, details of any prosecution brought
