Principle

CIVIL PROCEDURE – Action – Competence to sue in representative capacity – Striking out versus dismissal

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Lack of authority to sue representatively leads to striking out, not dismissal. The principle applies to representative actions. Striking out allows the proper representatives to sue later. Dismissal would be a bar. The rule promotes access to justice. The court will strike out rather than…

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