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CELE SQE1 模拟练习

Examination Timing: 00H00M35S

Rebecca, a client, was recently involved in a car accident. Although Rebecca was unharmed, her 8-year-old son, James, sustained serious injuries. Rebecca wishes to make a claim against the driver at fault for the accident. Which of the following best reflects the legal position?

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Under the law in England and Wales, a minor cannot conduct legal proceedings on their own behalf. Therefore, Rebecca should apply to the court to be appointed as James‚Äôs litigation friend. This would enable her to act on his behalf in the legal proceedings. Option B is incorrect as the 15-year limitation period applies to latent damage claims in tort, not personal injury claims. Option C is incorrect because Rebecca, as the parent, is not the injured party and thus cannot issue proceedings in her name. Option D is incorrect as parents are generally considered suitable litigation friends. Option E is incorrect because the limitation period for personal injury claims by minors typically starts when they turn 18, not from the date of the accident. 

Key Point: Minors require a litigation friend to act on their behalf in legal proceedings. The limitation period for personal injury claims involving minors usually begins when they reach the age of majority.



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