Page:Halsbury Laws of England v1 1907.pdf/244

 —

— Action.

22 Sect.

8.

Infants.

proceed without a next friend (p). An action against an infant is against him in the ordinary way, but he must enter appearance and defend by a guardian ad litem (q).

commenced

Sect. Lunatic so found.

A

Lunatics.

9.

may

sue and be sued, subject (like an infant) to A lunatic so found by inquisition sues and is sued together with his committee (r), who should, before commencing or defending any action, obtain leave from the Court

29.

lunatic

special rules of procedure.

in lunacy (a). Lunatic not so found.

A person of unsound mind, not so found by inquisition, should sue by his next friend he may be sued in his own name as an ordinary defendant, and should enter appearance but a guardian ad litem should be appointed to carry on the defence (6).



Part

IV.

— Conditions

Precedent to

Action. Sect. Arbitration as to validity

and amount of claim.

1.

Award

Health Act,

(c).

30. An agreement to refer a dispute to arbitration couched in such language as to entirely oust the jurisdiction of the Courts is invalid (d) but there is no legal objection to an agreement which makes it a condition precedent to the enforcement of a claim that the liability and amount shall first be determined by arbitration (e). An agreement of the last-mentioned nature can be pleaded as a defence to any action brought in respect of the matters to be referred.

Sect. Under Public

of an Arbitrator

Consent.

2.

31. In certain cases it is necessary for a plaintiff to obtain the consent of a public officer or body before he can maintain his

Ex parte Brockhbank (1877), 6 Ch. D. 358. E. S. C, Ord. 16, r. 18. As to the procedure if no appearance is entered, see Ord. 13, r. 1. See generally titles Infants and Practice and Procedure. (r) Jones v. Lloyd (1874), L. E. 18 Eq. 265 Farnham v. Milward & Co., [1895] 2 Oh. 730 Fuller v. Lance (1663), 1 Ch. Ca. 18. If the committee has adverse interests, a next friend or guardian ad litem respectively may be appointed to sue or defend. (a) See Re HinchcUffe (1895), 73 L. T. 522. E. S. C, (&) Didisheim v. London and Westminster Bank, [1900] 2 Ch. 15 Ord. 16, r. 17. If no appearance is entered, see Ord. 13, r. 1. As to an inquiry into a party's state of mind, see Lloiuell v. Lewis (1891), 65 L. T. 672. See generally titles Lunatics and Persons of Unsound Mind and Practice {p)

{q)







AND Procedure. See generally

title Arbitration. Avery (1855), 5 H. L. 0. 811; unless, indeed, it be a statutory agreement, as to which see Crosfield v. Manchester Ship Canal Co., [1905] A. C. (c)

(d) Scott v.

421. (e)

Scott V. Avery,

L. T. 825.

supra; Trainor

v.

Phoenix Fire Assurance Co. (1891), 65