Rule 4
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(1)
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Where persons are sued as partners in the name of
their firm, service may not be acknowledged in the name of the firm but only by
the partners thereof in their own names, but the claim shall nevertheless
continue in the name of the firm.
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(2)
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Where in a claim against a firm the claim form by
which the claim is begun is served on a person as a partner, that person, if he
denies that he was a partner or liable as such at any material time, may
acknowledge service of the claim form and state in his acknowledgment that he
does so as a person served as a partner in the defendant firm but who denies
that he was a partner at any material time.
An acknowledgment of service given
in accordance with this paragraph shall, unless and until it is set aside, be
treated as an acknowledgment by the defendant firm.
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(3)
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Where an acknowledgment of service has been given
by a defendant in accordance with paragraph (2) then -- the claimant may either apply to the court to
set it aside on the ground that the defendant was a partner or liable as such
at a material time or may leave that question to be determined at a later stage
of the proceedings;
- the defendant may either apply to the court
to set aside the service of the claim form on him on the ground that he was not
a partner or liable as such at a material time or may at the proper time serve
a defence on the claimant denying in respect of the claimants claim
either his liability as a partner or the liability of the defendant firm or
both.
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(4)
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The court may at any stage of the proceedings in a
claim in which a defendant has acknowledged service in accordance with
paragraph (2) on the application of the claimant or of that defendant, order
that any question as to the liability of that defendant or as to the liability
of the defendant firm be tried in such manner and at such time as the court
directs.
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Rule 5
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(1)
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Where a judgment is given or order made against a
firm, execution to enforce the judgment or order may, subject to rule 6, issue
against any property of the firm within the jurisdiction.
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(2)
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Where a judgment is given or order made against a
firm, execution to enforce the judgment or order may, subject to rule 6 and to
the next following paragraph, issue against any person who -- acknowledged service of the claim form as a
partner; or
- having been served as a partner with the
claim form, failed to acknowledge service of it; or
- admitted in his statement of case that he is
a partner; or
- was adjudged to be a partner.
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(3)
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Execution to enforce a judgment or order given or
made against a firm may not issue against a member of the firm who was out of
the jurisdiction when the claim form was issued unless he -- acknowledged service of the claim form as a
partner; or
- was served within the jurisdiction with the
claim form as a partner; or
- was, with the permission of the court given
under Section III of CPR Part 6, served out of the jurisdiction with the claim
form, as a partner,
and, except as provided by paragraph (1) and by the
foregoing provisions of this paragraph, a judgment or order given or made
against a firm shall not render liable, release or otherwise affect a member of
the firm who was out of the jurisdiction when the claim form was issued.
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(4)
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Where a party who has obtained a judgment or order
against a firm claims that a person is liable to satisfy the judgment or order
as being a member of the firm, and the foregoing provisions of this rule do not
apply in relation to that person, that party may apply to the court for
permission to issue execution against that person, the application to be made
in accordance with CPR Part 23 and the application notice must be served
personally on that person.
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(5)
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Where the person against whom an application under
paragraph (4) is made does not dispute his liability, the court hearing the
application may, subject to paragraph (3) give permission to issue execution
against that person, and, where that person disputes his liability, the court
may order that the liability of that person be tried and determined in any
manner in which any issue or question in a claim may be tried and
determined.
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Rule 10
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(1)
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Every application to the court by a judgment
creditor of a partner for an order under section 23 of the Partnership Act
1890
(35)
(which authorises the High Court
or a judge thereof to make certain orders on the application of a judgment
creditor of a partner, including an order charging the partners interest
in the partnership property) and every application to the court by a partner of
the judgment debtor made in consequence of the first mentioned application must
be made in accordance with CPR Part 23.
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(2)
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A Master or the Admiralty Registrar or a district
judge may exercise the powers conferred on a judge by the said section
23.
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(3)
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Every application notice issued by a judgment
creditor under this rule, and every order made on such an application, must be
served on the judgment debtor and on such of his partners as are within the
jurisdiction or, if the partnership is a cost book company, on the judgment
debtor and the purser of the company.
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(4)
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Every application notice issued by a partner of a
judgment debtor under this rule, and every order made on such an application,
must be served -- on the judgment creditor; and
- on the judgment debtor; and
- on such of the other partners of the judgment
debtor as do not join in the application and are within the jurisdiction or, if
the partnership is a cost book company, on the purser of the company.
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(5)
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An application notice or order served in accordance
with this rule on the purser of a cost book company or, in the case of a
partnership not being such a company, on some only of the partners thereof,
shall be deemed to have been served on that company or on all the partners of
that partnership, as the case may be.
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