Previous | Next | Home

22.1 (1) A duly authorised director or employee of a limited company or other body corporate may -

(a) conduct proceedings on its behalf; or

(b) represent it in court with the permission of the court.

(2) Permission to represent the body corporate at the trial is to be given or refused at a case management conference.

(3) In paragraph (1) "duly authorised" means authorised by the company or body corporate to conduct the proceedings on its behalf.

22.2 (1) Persons claiming to be entitled, or alleged to be liable, as partners may sue or be sued in the firm name if -

(a) the firm name is the name of the firm in which they were partners when the right to claim arose; and

(b) when the right to claim arose, they carried on business in that name within the jurisdiction.

(2) Where partners sue or are sued in the firm name, they shall, if any other party so demands in writing, immediately -

(a) deliver to that party; and

(b) file,

a statement of the names and residential addresses of all the persons who were partners in the firm when the right to action 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 may be made without notice.

(5) The party making the application shall

(a) certify that he has made a demand in writing; and

(b) state the date of the demand; and

(c) certify that the other party has not complied.

(6) If the partners do not do so within 21 days after service of the order any claim or defence brought by them is deemed to be struck out.

(Rule 12.13 deals with the procedure to striking out a statement of case.)

(7) A duly authorised employee of a partnership or firm may conduct proceedings on behalf of the partnership or firm with the courts permission.

(8) Such permission is to be given or refused at a case management conference.

22.3 (1) A claim may be made by or against a person carrying on business within the jurisdiction in a name other than that person's name or who was carrying on business within the jurisdiction in such a name when the right to claim arise -

(a) in his own name; or

(b) in his own name, followed by the words "trading as X.Y"; or

(c) as "X.Y" followed by the words "(a trading name)"; or

(d) as "X.Y." followed by the words "a firm"

(2) Where a claim is made by or against a person in his business name, the rules about claims against partners shall apply as if that person had been a partner in a firm when the right to claim arose and his business name were the firm's name.