BPTC Civil Litigation Parties Exam with 100%
Verified solutions| Rated A+
What is the general rule regarding Beneficiaries of Trustees in a claim? - ✔✔Beneficiaries do not need to
be added as a party when a claim is brought against them.
Any judgment or order is binding on the beneficiary unless the court orders otherwise.
What happens when a person who had an interest in a claim dies and they have no personal
representative? - ✔✔The court can order the claim proceeds in the absence of a representative, or a
person is appointed to represent the estate of the deceased.
What happens when a Defendant died and a grant of probate of administration has been made? -
✔✔The claim must be brought against the representative, or the claimant must apply for an order for
the appointment of a person to become representative of the deceased's estate.
What is the procedure for when a claim is brought against a personal representative of the deceased,
but a grant of probate or administration has not been made, or the defendant was dead when the claim
was started? - ✔✔A claim shall be treated as having been brought against the estate of the deceased.
Can the court direct the application to be given to any other person with an interest in the claim? -
✔✔Yes
Is any judgment or order given to a person with interest in the claim binding? - ✔✔Yes
When cases does CPR 21.1 (children and litigation friends) not apply to? - ✔✔The enforcement of
specified debts by taking control of good, or applications of such nature when the party is a child.
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