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Can a NON legal entity issue legal proceedings ?

Can a NON legal entity issue legal proceedings ?

Postby inshallah » Mon Apr 02, 2018 8:07 pm

Can a NON legal entity ,legally, issue a legal Claim ? By that I mean can they issue proceedings in the name of an
LP (Limited Partnership which is not a legal entity ).
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Re: Can a NON legal entity issue legal proceedings ?

Postby Smouldering Stoat » Mon Apr 02, 2018 8:57 pm

Where partners bring proceedings, they must do so in the name of the partnership:

Claims by and against partnerships within the jurisdiction
5A.1 Paragraphs 5A and 5B apply to claims that are brought by or against two or more persons who –

(1) were partners; and

(2) carried on that partnership business within the jurisdiction, at the time when the cause of action accrued.

5A.2 For the purposes of this paragraph, ‘partners’ includes persons claiming to be entitled as partners and persons alleged to be partners.

5A.3 Where that partnership has a name, unless it is inappropriate to do so, claims must be brought in or against the name under which that partnership carried on business at the time the cause of action accrued.
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Re: Can a NON legal entity issue legal proceedings ?

Postby inshallah » Mon Apr 02, 2018 9:15 pm

Smouldering Stoat wrote:Where partners bring proceedings, they must do so in the name of the partnership:

Claims by and against partnerships within the jurisdiction
5A.1 Paragraphs 5A and 5B apply to claims that are brought by or against two or more persons who –

(1) were partners; and

(2) carried on that partnership business within the jurisdiction, at the time when the cause of action accrued.

5A.2 For the purposes of this paragraph, ‘partners’ includes persons claiming to be entitled as partners and persons alleged to be partners.

5A.3 Where that partnership has a name, unless it is inappropriate to do so, claims must be brought in or against the name under which that partnership carried on business at the time the cause of action accrued.




Thanks for that. So that means that they CAN issue a claim in the name say "Example LP" ,BUT then that does not mean that
they have a Legal Personality, just that they can use their name to issue the proceedings ?. Am I correct in that thinking ?
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Re: Can a NON legal entity issue legal proceedings ?

Postby atticus » Mon Apr 02, 2018 9:19 pm

The partnership exists.
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Re: Can a NON legal entity issue legal proceedings ?

Postby inshallah » Mon Apr 02, 2018 9:32 pm

Yes agreed, BUT am I correct that they cannot own property ?. If I am therefore how could an LP sustain (they can issue I know) a claim related to Property they allege they own ?
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Re: Can a NON legal entity issue legal proceedings ?

Postby atticus » Tue Apr 03, 2018 9:54 am

Partnerships commonly own property, in that the property is jointly owned by the partners as an asset of the partnership.

Ask your solicitor how the office lease is held.
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Re: Can a NON legal entity issue legal proceedings ?

Postby dls » Thu Apr 05, 2018 4:32 pm

Inshallah, you use the word 'own', and it is confusing you. In law ownershipis made up of two elements - the title - the legal authority to deal with the asset, and the beneficial interests - who gets what from the proceeds of sale.

Your use works fine for individuals because the same person holds the entirety of both rights, but ceases to apply straightforwardly when more than one person is involved.

Also limited partnerships (properly LLPs) have particular provisions.
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