Part 22 – Miscellaneous Rules about Parties

Partners

22.1

1. Persons claiming to be entitled, or alleged to be liable as partners may sue or be sued in the firm’s name if –
   1. the firm’s name is the name of the firm in which they were partners; and
   2. they carried on business in that name within the jurisdiction, when the right to claim arose.
2. If partners sue or are sued in the firm’s name, they must, if any other party so demands in writing, immediately –
   1. deliver to that party; and
   2. 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.
3. 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.
4. An application under paragraph (3) may be made without notice.
5. The party making the application must –
   1. certify that the other party has not complied;
   2. certify that the party has made a demand in writing; and
   3. state the date of the demand.
6. 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.
7. A duly authorised employee of a partnership or firm may –
   1. conduct proceedings on behalf of the partnership or firm; or
   2. represent it in court with the court’s permission.
8. 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

22.2

1. A claim may be made by or against a person
   1. carrying on business within the jurisdiction; or
   2. who was carrying on business within the jurisdiction when the right to claim arose –
      1. in that person’s own name;
      2. in that person’s own name, followed by the words “trading as X.Y.”;
      3. as “X.Y.” followed by the words “a trading name”; or
      4. as “X.Y.” followed by the words “a firm”.
2. 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.

Bodies corporate                                                                        

22.3

1. 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.
2. 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.
3. Permission to represent the body corporate at the trial should wherever practicable be sought at a case management conference or pre-trial review.
4. In considering whether to give permission the court must take into account all the circumstances including the complexity of the case.
5. In paragraphs (1) and (2) –  “duly authorised” means authorised by the body corporate to conduct the proceedings on its behalf.