In a category A or B family litigation case, when a plaintiff dies or otherwise cannot continue, how may another party entitled to bring the claim take over the proceedings?
General information · Not legal advice
Material to check
The practice file to read here holds the record or certificate showing the plaintiff's death or the other reason the plaintiff cannot continue, the papers showing the applicant's own entitlement to bring the claim, the succession application with the date it was received, and the original claim papers showing the case belongs to category A or B.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats succession as available in a category A or B family litigation case where the plaintiff dies, or cannot continue the proceedings for another reason short of losing litigation capacity: another party entitled to bring the claim may take over, but only by filing the succession application within the period the provision sets from the time the reason arose, failing which the suit is deemed withdrawn.
Another reading stresses the express exclusion of loss of litigation capacity: where the plaintiff remains alive but loses the capacity to conduct the proceedings, this provision does not open succession, so whether the proceedings continue, halt or end is left to rules the provision does not name.
Your judgment
Where the reason for not continuing is neither death nor loss of capacity, what in the file shows the date that reason arose and who qualifies as the other party entitled to bring the claim?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the excluded case, the period for the succession application or the consequence of not applying, or if a court decision names what counts as another reason the plaintiff cannot continue.