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A Practical Approach to Effective Litigation

A Practical Approach to Effective Litigation (8th edn)

Susan Blake
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date: 25 September 2022

13. Joining the Right Partieslocked

13. Joining the Right Partieslocked

  • Susan BlakeSusan BlakeDirector of Studies and Associate Dean, Inns of Court School of Law

Abstract

The accurate identification of parties is vital in an adversarial system. There must be a clear cause of action by the party named as claimant against the party named as defendant or the action will fail. Loss and damage must be also shown to have been caused to the named claimant by the named defendant or damages will not be recoverable. This chapter first discusses the selection of claimants and defendants, and other types of involvement (agency, vicarious liability, the role of insurance, substitution of parties). Where a business is a party to an action, it may be run by a sole trader, by a partnership, by a company, or by a public limited partnership. The correct legal personality must be used for the proper service of documents, for success in the action, and for enforcement of judgment. The remainder of the chapter covers the rules for specific types of parties; additional claims and additional parties under Civil Procedure Rules (CPR) Part 20; and the drafting of the Part 20 claim.

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