7.2 Capacity to Sue and Be Sued

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Age

Those over 18 years old and of sound mind can both sue and be sued.

Children

CPR 21.1 deals with children and protected parties and states:

In this Part -

  • 'the 2005 Act' means the Mental Capacity Act 2005;
  • 'child' means a person under 18;
  • 'lacks capacity' means lacks capacity within the meaning of the 2005 Act;
  • 'protected party' means a party, or an intended party, who lacks capacity to conduct the proceedings;
  • '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.

Companies

Companies registered under the Companies Act 1985 are legal entities and can therefore sue or be sued in their registered company name.

Limited Liability Partnerships

As with companies, limited liability partnerships can sue and be sued in their registered name.

Partnerships

Under the Partnership Act 1980, partners have joint and several liability and so can be sued in the name of the partners or the firm.

Sole Traders

A sole trader can only sue in their own name but may be sued in their trading name.

Associations

Associations may sue and be sued in their name.

Trusts

Trustees can sue and be sued. Beneficiaries need not be a party to the action but will usually be bound by any decision of the Court.

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