Part 22 – Miscellaneous Rules about Parties
- tocCivil Procedure Rules
|Contents of this Part|
|Person carrying on business in another name||Rule 22.2|
|Bodies corporate||Rule 22.3|
- Persons claiming to be entitled, or alleged to be liable as partners may sue or be sued in the firm’s name if –
- the firm’s name is the name of the firm in which they were partners; and
- they carried on business in that name within the jurisdiction, when the right to claim arose.
- If partners sue or are sued in the firm’s name, they must, if any other party so demands in writing, immediately –
- deliver to that party; and
- file; a statement of the names and residential addresses of all the persons who were partners in the firm when the right to claim arose.
- If they do not comply, the court on application by any other party may order them to provide such a statement and to certify it to the court.
- An application under paragraph (3) may be made without notice.
- The party making the application must –
- certify that the other party has not complied;
- certify that the party has made a demand in writing; and
- state the date of the demand.
- If the partners do not comply within 21 days after service of the order any claim or defence brought by them is deemed to be struck out.
- Rule 26.5 deals with the procedure for striking out a statement of case.
- A duly authorised employee of a partnership or firm may –
- conduct proceedings on behalf of the partnership or firm; or
- represent it in court with the court’s permission.
- Permission under paragraph (7) (b) is to be given or refused at a case management conference.
- Rule 43.9 deals with enforcement of a judgment against a partnership or by a firm against one of its members.
Person carrying on business in another name
- A claim may be made by or against a person
- carrying on business within the jurisdiction; or
- who was carrying on business within the jurisdiction when the right to claim arose –
- in that person’s own name;
- in that person’s own name, followed by the words “trading as X.Y.”;
- as “X.Y.” followed by the words “a trading name”; or
- as “X.Y.” followed by the words “a firm”.
- If a claim is made by or against a person in his or her business name, the Rules about claims by or against partners apply as if that person had been a partner in a firm when the right to claim arose and the business name were the firm’s name.
- Subject to any statutory provision to the contrary, a duly authorised director or other officer of a body corporate may conduct proceedings on its behalf.
- A body corporate must be represented by a legal practitioner at any hearing in open court unless the court permits it to be represented by a duly authorised director or other officer.
- Permission to represent the body corporate at the trial should wherever practicable be sought at a case management conference or pre-trial review.
- In considering whether to give permission the court must take into account all the circumstances including the complexity of the case.
- In paragraphs (1) and (2) – “duly authorised” means authorised by the body corporate to conduct the proceedings on its behalf.