{"id":3908,"date":"2018-09-01T19:50:35","date_gmt":"2018-09-01T19:50:35","guid":{"rendered":"https:\/\/legalblog.ie\/parties\/"},"modified":"2024-05-06T16:56:20","modified_gmt":"2024-05-06T16:56:20","slug":"parties","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/parties\/","title":{"rendered":"Parties"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/parties\/#Parties_to_litigation\" title=\"Parties to litigation.\">Parties to litigation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/parties\/#MinorsInfants\" title=\"Minors\/Infants\">Minors\/Infants<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/parties\/#Representatives\" title=\"Representatives\">Representatives<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/parties\/#Partners\" title=\"Partners\">Partners<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/parties\/#Public_Rights_Matters\" title=\"Public Rights \/ Matters\">Public Rights \/ Matters<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/parties\/#Collective_Interests\" title=\"Collective Interests\">Collective Interests<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/parties\/#Joinder_of_Parties\" title=\"Joinder of Parties\">Joinder of Parties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/parties\/#Adding_Substituting_and_Removing_Party\" title=\"Adding, Substituting and Removing Party\">Adding, Substituting and Removing Party<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/parties\/#Intervention\" title=\"Intervention\">Intervention<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/parties\/#Representatives-2\" title=\"Representatives\">Representatives<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/parties\/#Lawyers\" title=\"Lawyers\">Lawyers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/parties\/#Multiple_Claims_and_Parties\" title=\"Multiple Claims and Parties\">Multiple Claims and Parties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/parties\/#Remitting_Cases\" title=\"Remitting Cases\">Remitting Cases<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Parties_to_litigation\"><\/span>Parties to litigation.<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Rules of the Superior Court, Order 15 set out the general rules in relation to the proper parties to litigation.\u00a0 The parties to litigation are usually the persons with an interest in the subject matter.\u00a0 It is vitally important that the proper parties are made party to litigation.\u00a0 Generally, it is not possible to litigate on someone else\\&#8217;s behalf.<\/p>\n<p>There exists procedures to join new parties, to strike out existing parties and substitute parties to litigation where necessary.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"MinorsInfants\"><\/span>Minors\/Infants<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Minors (or \u201cinfants\u201d) are persons under the age of 18 years of age.\u00a0 The rules provide that an infant may sue by his \u201cnext friend\u201d.\u00a0 They provide that he may defend proceedings by his \u201cguardian ad litem\u201d appointed for that purpose.<\/p>\n<p>The next friend of an infant consents to so acting and files the consent in the court office simultaneous with issue of the summons. A person who agrees to act as a next friend must sign a written authority to the solicitor for that purpose. A next friends may be substituted if he dies and in certain other cases, by a one sided application to the court.<\/p>\n<p>Once the minor becomes a full age, the next friend may apply to the High Court registrar to permit the former infant to proceed in his own name. The next friend or guardian may apply to the proper officer in the Central Office, by production of the infant\u2019s birth certificate or such other evidence as the proper officer may require, for an amendment of the title to the proceedings.<\/p>\n<p>A similar procedure applies to guardians ad litem. A solicitor entering in appearance on behalf of a guardian ad litem must swear an affidavit that the person is fit and proper to so act.\u00a0 A guardian ad litem may be discharged on his application. Persons Lacking Capacity<\/p>\n<p>A Ward of court will generally require authorisation from the President of the High Court to institute litigation.A person of unsound mind may sue by his committee, if so appointed.\u00a0 Alternatively, he may sue by a next friend if there is no appointed committee.\u00a0 He may defend proceedings by his committee or guardian in much the same way as minors.<\/p>\n<p>An application for appointment of guardian ad litem is required in the case of a person of unsound mind. \u00a0Although not required in respect of an infant, an application is made to the Master of the High Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Representatives\"><\/span>Representatives<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Representatives such as trustees, executors and administrators may sue and be sued on behalf of the estate they represent.\u00a0 The court may order that beneficiaries be added or substituted to the proceedings, as their interests requires.<\/p>\n<p>Where they compromise proceedings and not all parties whose interest are affected, the court may, if satisfied that the compromises for the benefit of the non-parties, approved the compromise where it is unreasonable on the grounds of expense or delaye to bring them in as party.\u00a0 Where the court so approves it is binding on them,provided that there has been no fraud or nondisclosure of material facts.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Partners\"><\/span>Partners<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Partners may sue and be sued in the firm name. This appropriate parties are the persons who were partners at the time the relevant claim arose.\u00a0 There is a method of identifying who the partners are.\u00a0 A statement of the names of persons who were co-partners at the time may be required to be furnished to the court and verified in such a way as the court directs.\u00a0 A person sued as a partner may appear in his own name, but subsequently continue proceedings in the name of the firm. Similar rules apply to a person who uses a business or firm name.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Public_Rights_Matters\"><\/span>Public Rights \/ Matters<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Public rights are enforced by the Attorney General.\u00a0 Where private person has an interest sufficient to sue in his their own right, he may apply to the Attorney General to join in the proceedings for the purpose of enforcing the public right<em>.\u00a0 I<\/em>n this case, the matter becomes a \u201crelator\u201d action, in which the Attorney General is the predominant party and retains control of litigation.\u00a0 The plaintiff, Attorney General must be kept informed of the manner in which proceedings are progressing and must consent to key steps.\u00a0 The relator party\u2019s solicitor, manages and takes the case, but the relator must agree to pay the cost of the proceedings.<\/p>\n<p>Where any proceedings involve a challenge to the constitutionality of any law, the Attorney General must be made party. Similarly, where an issue arises as to the incompatibility of a statutory provision or rule of law with the European Convention on Human Rights, the party must serve and notify the Attorney General and the Human Rights Commission.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Collective_Interests\"><\/span>Collective Interests<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is no provision for class action as such in Ireland.\u00a0 Where numerous persons have the same interest in a particular matter, one or more of them may sue or be sued or be authorised by the court to defend the matter, for the benefit of all interested parties.\u00a0 The claimant or defendant must be authorised to represent the others.\u00a0 He must be willing to so act.<\/p>\n<p>It is appropriate that all matters in dispute between parties arising out of the same transaction or series of transactions ( or claimed transactions), should be brought in the same proceedings.\u00a0 The rules of court allow persons to be joined in an action, <em>as plaintiffs<\/em> in whom any rights in respect of or arising out of the same transaction or series of transactions is alleged to exist or where if such persons brought separate actions, any common question of law or fact would arise.\u00a0 The court may order separate trials of proceedings as appropriate, and if \u00a0necessary.<\/p>\n<p>Where claims by or against different parties involve or may involve common questions which are sufficiently important relative to the rest of the case, to make it desirable that the whole of the matter should be heard and dealt with at the same time, \u00a0the court will allow additional claimants and defendants to be joined. \u00a0It is not necessary that each defendant is interested in all of the claims made sought.\u00a0 The court may make whatever order is necessary to prevent any party from being embarrassed or put to expense by being required to attend proceedings in which he has no interest.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Joinder_of_Parties\"><\/span>Joinder of Parties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a person is unsure as to which of two or more parties, he is entitled to redress against, he may join both or all of them and the matter as to who is liable and in \u00a0what proportions, or if at all, is determined by the court.\u00a0 Where, however, no evidence which would justify liability on the \u00a0part of the defendant is found, he is entitled to an order so confirming.<\/p>\n<p>The court has jurisdiction to add, remove or substitute parties to proceedings.\u00a0 The purpose of the rule is to avoid the hardship of earlier rules which were unduly technical and could lead to the failure of litigation by a failure to join the correct party.This might happen, for example, where the correct defendant was one of the number of group companies.<\/p>\n<p>Similarly, where the proceedings have been commenced in the name of the wrong plaintiff or claimant, another person may be added or substituted provided that there has been a bona fide mistake and the addition or substitution is necessary to determine the real matters in dispute.\u00a0 However, this power is not permitted to create a wholly new claim.<\/p>\n<p>The proposed defendant should be a party who should (or should allegedly) have been joined or who would necessary as a party to enable the court to effectively and completely adjudicate on all questions involved in the matter.<\/p>\n<p>A person who is joined as a party without his consent may apply to be removed from the proceedings.\u00a0 A person may not be added as a plaintiff without his consent.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Adding_Substituting_and_Removing_Party\"><\/span>Adding, Substituting and Removing Party<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An application to add, substitute or remove a party from proceedings may be taken at any time.\u00a0 The application can be made during the trial of an action.\u00a0 It can be made, even when an appeal is taken.\u00a0 It is brought by way of an application to the court on notice to the existing parties.\u00a0 It can be made to the Master in some case, An application to remove or strike out a person\u2019s name from proceedings must be made to court.<\/p>\n<p>Where there are additional and substituted parties, the plaintiff must file amended copies of the summons and serve the new defendant with the amended summons in the same manner as the original defendants unless the court has otherwise ordered. The pleadings must be amended as necessary.<\/p>\n<p>An application may be made to the Master by one-sided application where there has been a change in the parties by reason of a transfer of an interest in the matter concerned.\u00a0 This may arise where new trustees are appointed.\u00a0 It may occur by reason of a death or other event occurring after the commencement of litigation, which causes a transmission of the interest or liability or by reason of a person having an interest, coming into existence after commencement.<\/p>\n<p>Where it becomes necessary or desirable that a person not already a party should be made a party or that a person be removed as a party, an application can be made for an order to amend the pleadings.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Intervention\"><\/span>Intervention<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In certain types of proceedings, an application may be made by certain persons to allow them intervene in the proceedings.\u00a0 The primary purpose of the intervention is to enable the interveners assist the court or assert their interests in the matter.<\/p>\n<p>Various rules permit intervention in proceedings, principally in matrimonial, probate, shipping and admiralty matters or claims for land.\u00a0 The characteristic in each case is that the matters to be adjudicated upon, affect the status of a person or thing that the other parties may have a legitimate interest.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Representatives-2\"><\/span>Representatives<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In exceptional cases, the court has power to appoint a so-called amicus curiae.\u00a0 This is a third party to the litigation, who calls the attention of the court to some matters, considerations and\u00a0 legal principles which may otherwise be overlooked.\u00a0 The purpose is to assist the determination of the court.<\/p>\n<p>There may be exceptional circumstances, where matters are of such public importance and of general implications, that a representative body may be entitled to appoint an <em>amicus<\/em> curiae to ensure a person with a \u00a0bona fide interest in the issue before the court, is in a position to put forward legal arguments and supporting materials.\u00a0 This has only occurred in highly exceptional circumstance where matters of public interest are involved.<\/p>\n<p>Generally, parties are entitled to be represented by whomsoever they chose.\u00a0 Generally, a person may not represent another, unless he is a regulated and practising solicitor or barrister.\u00a0 Exceptionally, the courts allow a lay litigant to assist in the presentation of court proceedings as so-called \u201cMc-Kenzie friend\u201d.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Lawyers\"><\/span>Lawyers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Originally, only barristers had rights of audience in the higher courts.\u00a0 However, solicitors now have rights of audience and may argue cases in all courts.\u00a0 In practice, almost all High Court cases are argued by a barrister, instructed by a solicitor.\u00a0 The same is true of the vast majority of Circuit Court cases.\u00a0 Barristers have effectively retained their specialist role as court advocates.\u00a0 In the District Courts, cases are usually conducted by solicitors acting \u00a0alone withuut a barrister.<\/p>\n<p>A party may change solicitor at any time.\u00a0 Notes of the change must be filed in the High Court offices. \u00a0The notice must be served on the parties.\u00a0 In other cases, where difficulties arise, such as where solicitor dies, ceases to be qualified or becomes bankrupt, where no notice of change is made, any other party may apply to court for an order that the solicitor has ceased to act.<\/p>\n<p>The solicitor himself may come off record.\u00a0 He must apply for a court order to permit him to do so.\u00a0 The court will exercise discretion in the matter. The solicitor makes the application giving notice to the client and the other parties. The application must be based on affidavitt, setting out the basis on which he wishes to come off record.<\/p>\n<p>A barrister may not be directly instructed by a member of the public. He must be instructed by a solicitor, patent or trademark agent.<\/p>\n<p>Litigants may appear on their own behalf.\u00a0 This does not apply to companies. They must appoint a solicitor.\u00a0 Where a litigant appears in person, the courts will take this into consideration and will attempt to accommodate the litigant.\u00a0 The person appearing in person will generally be allowed to greater latitude.<\/p>\n<p>A Mc-Kenzie Friend may be permitted to give advice and assist a lay litigant during proceedings.\u00a0 He may be any \u00a0person attends as a friend of a party. He may take notes and quietly make suggestions and advice.\u00a0 He cannot demand to take part in the proceedings as an advocate.\u00a0 His role is limited to assisting the lay litigant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Multiple_Claims_and_Parties\"><\/span>Multiple Claims and Parties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A claimant may take proceedings against number of distinct parties.\u00a0 He may choose to have a number of proceedings held together.\u00a0 The court may order that the proceedings be either held together or may order separate trials. Where a defendant claims that the claimant has united separate claims which cannot be conveniently disposed up together, he may apply to court for an order limiting the proceedings to certain claims or having them heard separately. The court is an element of discretion and will consider the particular circumstances.<\/p>\n<p>The court rules allow a person who is sued to set up a counterclaim or set up against the claim.\u00a0 The counterclaim need not necessarily relate to the claim as such.\u00a0 If it is wholly separate then, an application, may be made to have it tried separately.<\/p>\n<p>Where the counterclaim cannot be conveniently disposed of in the relevant proceedings, the courts on the application of the plaintiff, may order that counterclaim should be dealt with in a separate independent action. \u00a0The court may make such orders as is appropriate or just.<\/p>\n<p>Where the claimant himself does not seek to unite actions in a single proceeding, another party may apply to court to have the proceedings consolidated.\u00a0 The same broad principles as above apply.\u00a0 The courts will consider whether there are common legal and factual issues to be tried.\u00a0 It will consider whether there will be substantial saving of expense and inconvenience and that there is no likelihood of confusion or miscarriage of justice.<\/p>\n<p>Where there are common factors in proceedings, but they should not be heard together, the courts may arrange to hear them simultaneously or consecutively.\u00a0 Where there are number of cases raising similar issues, the courts may permit them to be heard in a test case, while other cases are stayed pending the outcome.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Remitting_Cases\"><\/span>Remitting Cases<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The High Court has powers to remit cases to the Circuit Court where they are more appropriate to that jurisdiction. Equally, cases may be transferred from the Circuit Court to the High Court where the latter is a more appropriate forum.<\/p>\n<p>Where proceedings are pending in the High Court which could have been commenced in the circuit court any person, party may apply before the commencement of the trial to have the case remitted to the Circuit Court.\u00a0 The High Court may remit the action as it thinks fit. The case may be transmitted to the Circuit Court or even the District Court.\u00a0 The court decides the appropriate Circuit or District to which the case should be appropriately remitted.<\/p>\n<p>The courts are not to remit cases, if in all the circumstances and notwithstanding that it could have been commenced in a lower court, it is reasonable that it should be commenced in the High Court.\u00a0 This may be appropriate if a novel or important point of law are raised.<\/p>\n<p>A claim for a money sum may not be remitted without the plaintiff\u2019s consent unless the defendant satisfies the High Court that he has a good defence or discloses facts which are sufficient to enable him to defend.<\/p>\n<p>For an action for a unfixed sum is transferred to the Circuit Court, that \u00a0court has power to award amounts in excess of its normal maximum jurisdiction limit.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-3908\" data-postid=\"3908\" class=\"themify_builder_content themify_builder_content-3908 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Parties to litigation. The Rules of the Superior Court, Order 15 set out the general rules in relation to the proper parties to litigation.\u00a0 The parties to litigation are usually the persons with an interest in the subject matter.\u00a0 It is vitally important that the proper parties are made party to litigation.\u00a0 Generally, it is [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[314],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/3908"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=3908"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/3908\/revisions"}],"predecessor-version":[{"id":36191,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/3908\/revisions\/36191"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=3908"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=3908"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=3908"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}