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Types OF Litigants ( Notes)
Civil Procedure I (Multimedia University)
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, lOMoARcPSD|9227255
Civil Procedure I
Chapter 4: Types of Litigants
Who should be the Plaintiff and Defendant?
O.5, r.6(1) of the ROC 2012
� Right to sue in person or by a solicitor.
� This is subjected to (2) and O.76, r. 2.
O.5, r.6(2) of the ROC 2012
� A body corporate must be represented by a solicitor unless provided otherwise by law.
1. Person under Disability
O.76, r. 1 ROC 2012
� In this Order,
“the Act” means the Mental Health Act 2001
“patient” means a mentally disturbed person within the meaning of the Act.
“person under disability” means a person who is a minor or a patient.
S.3 Interpretation Act 1948 and 1967
� ‘person’ includes a body of persons, corporate and incorporate.
S.2 Age of Majority Act 1971
� Subject to S.4, minority of all males and females shall cease at the age of 18.
O.76, r. 2 ROC 2012
� Must sue and defend by a litigation representative.
O.76, r. 2(3) ROC 2012
� Litigation representative shall act by a solicitor.
O.76, r. 14(2) ROC 2012
� Services on persons under disability
a. minor – on his father or guardian or where there is none, the person whom he
resides or in whose care he is.
b. patient – on the person who is authorized under the Act to conduct the proceedings
in connection with the document to be served or where there is none, on the
person with whom he resides or in whose care he is.
O.76, r. 3(7) ROC 2012
� Litigation representative must file written consent in Form 188.
O.76, r. 3(2) ROC 2012
� General Rule: No order is necessary for appointing guardian ad litem.
EXCEPTION:
O.76, r. 3(4) ROC 2012.
� If the guardian ad litem is to be substituted then it is necessary for court to give an
order.
O.76, r. 3(5) ROC 2012
� Where a person becomes a patient after the proceedings have begun, order needed.
2. Incorporated Bodies
Downloaded by Ben Tennyson ()
Types OF Litigants ( Notes)
Civil Procedure I (Multimedia University)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Ben Tennyson ()
, lOMoARcPSD|9227255
Civil Procedure I
Chapter 4: Types of Litigants
Who should be the Plaintiff and Defendant?
O.5, r.6(1) of the ROC 2012
� Right to sue in person or by a solicitor.
� This is subjected to (2) and O.76, r. 2.
O.5, r.6(2) of the ROC 2012
� A body corporate must be represented by a solicitor unless provided otherwise by law.
1. Person under Disability
O.76, r. 1 ROC 2012
� In this Order,
“the Act” means the Mental Health Act 2001
“patient” means a mentally disturbed person within the meaning of the Act.
“person under disability” means a person who is a minor or a patient.
S.3 Interpretation Act 1948 and 1967
� ‘person’ includes a body of persons, corporate and incorporate.
S.2 Age of Majority Act 1971
� Subject to S.4, minority of all males and females shall cease at the age of 18.
O.76, r. 2 ROC 2012
� Must sue and defend by a litigation representative.
O.76, r. 2(3) ROC 2012
� Litigation representative shall act by a solicitor.
O.76, r. 14(2) ROC 2012
� Services on persons under disability
a. minor – on his father or guardian or where there is none, the person whom he
resides or in whose care he is.
b. patient – on the person who is authorized under the Act to conduct the proceedings
in connection with the document to be served or where there is none, on the
person with whom he resides or in whose care he is.
O.76, r. 3(7) ROC 2012
� Litigation representative must file written consent in Form 188.
O.76, r. 3(2) ROC 2012
� General Rule: No order is necessary for appointing guardian ad litem.
EXCEPTION:
O.76, r. 3(4) ROC 2012.
� If the guardian ad litem is to be substituted then it is necessary for court to give an
order.
O.76, r. 3(5) ROC 2012
� Where a person becomes a patient after the proceedings have begun, order needed.
2. Incorporated Bodies
Downloaded by Ben Tennyson ()
