Council Were Negligent When Suing My Minor Son. I Need Help From A Legal Professional.

[UKPerson1]

Basically, my son was 16 years old when he owned a business. He ran up a debt of £600 in business rates. Now, when the council tried to enforce this upon him, this was done illegally. First, they did not apply a litigant friend as he was a minor, thus tried to directly sue him for failure to pay.

However my concern is, when they summonsed him to court, they did not follow the civil procedure rules (contrary to MOJ) which state that if a minor is to be summonsed to court, there must be the appointment of a child litigant friend for it to go to court. The council did not appoint one and subsequently got a judgement out upon him. The CAB and my MP agreed this was not correct, and they breached the civil procedure rules as a minor could not be directly sued for debt without a friend in law.

The council state now because he is 18 they can enforce it. However, because the judgement was illegal is there any cause of action?

[UKPerson1]

I understand what you're saying but it was not their duty.

I raised this to my solicitor and i got a response that t was the council's duty. They did not inform the court. The court must go on what is set out in the court application, it is the duty of the 'claimant' to include all the particulars of the case, including any appointed litigant friend.

[woofgang]

that's what I thought divebuddy, its up to the defendant to point out their age and request a litigant friend. the claimant must, of course put in all the details that they are aware of. Was the council aware of the boy's age?

[woofgang]

yes, divebuddy that's what I thought, but surely its up to the court to appoint one and to the defendant to point out that he needs one? I haven't ever seen court papers but I wonder if, as a matter of course, the defendant's date of birth is included?

[UKPerson1]

Well, if you argue with a solicitor then fair enough. There is no legal basis on your argument. It is with a solicitor, this is the end of it.

Have you read the civil procedure rules? It's all very well making assumptions, however legal judgement it what it comes done too. Again the answers are not going on fact. Fact is essential is any case, and the council cannot fight the facts.

I will not be answering anymore questions until I get a professional overview.

[UKPerson1]

NO! It is not up to the 'court' to decide this. When a claimant in a civil case makes an application they must include all details including age.

Courts don't have time to query age. A public body such as a council breached their duty of care. The CAB my MP and solicitor agree. It is up to the claimant to appoint a litigant friend. This is a fact. You can't dispute this.
I will not be viewing this until I get a professional analysis. Only then, I will reveal the outcome.

Thanks to everyone.

[Svejk]

i dont quite understand why you bothered posting in the first place. you seem to know all the answers and rudely dismiss any person who doesnt agree with you.

[Zacs-Master]

//I will not be viewing this until I get a professional analysis. Only then, I will reveal the outcome. //
Good luck with that.

[woofgang]

Zac's Mater for best answer! It sounds like you already know the outcome so why are you wasting our time?