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Joshua, Lawyer
Category: Law
Satisfied Customers: 31619
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Please could you advise how old someone needs to be to be

Customer Question

Please could you advise how old someone needs to be to be took to the County court ? My 17 year old son whos not working and at college has been taken to court for something from a personal injuries claim from when he was 15
JA: Where is your son? It matters because laws vary by location.
Customer: England, Manchester
JA: What steps has he taken so far?
Customer: we have only just received the letter today so nothing yet but going to fight it but couldnt believe they could take somone just out of school to court for a ccj
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 9 days ago.
Category: Law
Expert:  Joshua replied 9 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 9 days ago.

  1. I'm very sorry to read the above I am very sorry to read of the above. May I clarify, how is it alleged the personal injuries were caused please?
  2. does your son have any assets against which a claim could potentially be made?

Customer: replied 9 days ago.
Hi, he didn't even know anything about it I signed him up for a holiday claim years ago then we pulled out of it when things were not progressing then we have received this from the courts, my partner and myself have also received one, she wasn't even aware of it, to be honest, I did it all. I'm going to go and fight mine and hers but cant believe a child of 14/15 at the time and now 17 can be took to court for a CCJ. no assets at all hes at college
Expert:  Joshua replied 9 days ago.

thank you. I'm a little confused by the above is you make reference in your first post to a personal injuries claim being made against your son but above you refer to a holiday claim. Are you able to kindly outline briefly at least the basis of the claim has been made against your son in a little more detail please?

Customer: replied 9 days ago.
Sorry, we all as a family was ill on holiday and a company contacted me about it to put a claim in which we started but then pulled out of as it seemed to be a con, after this happened we got a few letters asking for fees to be covered, not sure what they did for this and then the court letter today.
Expert:  Joshua replied 9 days ago.

thank you for the clarification. So how precisely is your son alleged to be liable to the company? I infer from what you say above that the claim relates to fees they claim are due to them. Leaving aside the merit of the claim, presumably any contract for those fees would be as between you and the company rather than your minor son?

Customer: replied 9 days ago.
correct, they have never spoke to my son or my partner it was all through me , this stems back to 2018 , he was only 13 at the time
Expert:  Joshua replied 9 days ago.

thank you. Whilst it is possible to issue proceedings against a minor in the County Court, and there is special provision in the civil procedure rules for this requiring a litigation friend as a minimum to be appointed to represent them in court such as yourself for example as a parent, I cannot see that the claim against your son has any prospect of success is from what you describe, they will lack any evidence of contract is between them and your son and notwithstanding this, your son did not have capacity to contract at the time and as such, any evidence of contract they were able to produce wood on the face of it be void.

As such, it seems to me that you would need to consider entering  aa defense as your sons litigation friend that your son has never contracted with the claimant, that the contract is not a contract for essential services and even in the event your son had contracted with them, the contract would be void on grounds of capacity being a minor at the time and as such, seeking the claim to be struck out in the civil procedure rule 3.4 on the grounds that it discloses no reasonable basis to bring a claim

Customer: replied 9 days ago.
many thanks I didn't think they would be able to... how does it work with my partner if ive signed her up to a claim without signing anything or her knowing
Expert:  Joshua replied 9 days ago.

it would be open to your partner to contest any contract if she has not agreed to it though you may wish to discuss this matter carefully because if you have signed on her behalf without authority, this could technically amounts to a fraud and thus I assume your partner would not have any interest in pursuing that matter herself, it would be potentially unhelpful to any claim to provide that as an additional lever to the claimant and as such, you may wish to consider having a discussion as regards ***** ***** simply defend the matter jointly rather than her contest her liability.

Expert:  Joshua replied 8 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 8 days ago.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 7 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.