Dispute resolution—types of party
Produced in partnership with Leigh Callaway of Fladgate

The following Dispute Resolution practice note produced in partnership with Leigh Callaway of Fladgate provides comprehensive and up to date legal information covering:

  • Dispute resolution—types of party
  • The need for a defendant
  • What is the position where the claimant and defendant are the same party or controlled by the same individual?
  • Corporations
  • Bringing a claim against or on behalf of a corporation
  • Service
  • Authority to conduct litigation
  • Dissolution and restoration of a company
  • Enforcement
  • Partnerships
  • More...

Dispute resolution—types of party

This Practice Note provides an overview of the types of parties which may become involved (whether as claimant or defendant) in litigation in England and Wales, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of party: corporations, partnerships, sole traders, children, insolvent individuals or companies, groups, the estate of a deceased party and litigants in person.

The need for a defendant

In most circumstances a claim will not be properly constituted if there is not at least one party on each side, as the general business of the court is to determine disputes between parties (with certain exceptions, for example where the court is giving guidance to trustees and/or under CPR 8.2A which provides situations when it is possible to issue a claim form without naming defendants) (Re CWNI Rheoli Pentref Marina Conwy Cyfynedig).

What is the position where the claimant and defendant are the same party or controlled by the same individual?

Where a person has more than one capacity, such as trustee and beneficiary, they should be joined as a party to litigation once only, and on a single side of the record. This is for practical reasons, to prevent issues arising regarding, for example, double legal representation, set-off and enforcement etc (Armstrong v Armstrong). If a party appears

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