Rights to Sue and Selecting Defendants to Sue in England

In order commence proceedings against a defendant in English courts, the claimant must identify the relevant legal person against which to commence legal proceedings. English law recognises a limited number of legal persons. These entities include incorporated entities such as companies and limited liability partnerships; individuals; and groups of individuals, such as partnerships and unincorporated associations.

Foreign corporations are entitled to sue and be sued in the UK, provided that they are properly constituted in under the lex domicilii. The same applies to entities formed under the laws of a territory which is not recognised as a State (i.e. a country) under English law provided that there is a justice system in place in the territory that determines disputes.

Where the corporate status of the foreign entity is recognised in English courts it is likely that the entity will be permitted to proceed provided that it is recognised as a legal entity in its lex domiclii. For example, in one case, a temple was considered a legal entity in India, and commenced proceedings in England with a view to recovering property that was seized from the temple. A representative of the temple was permitted to commence proceedings in England to recover the property.

Foreign States that are recognized by English law may, as a general rule, sue and be sued in England. Foreign States that are not recognised by English law may not be sue or be sued in England. Provided that the Foreign Office recognises the State, the English courts will be likely to grant the entity locus standi in English courts. During a time of war, enemy aliens are prevented from commencing or continuing proceedings in English courts.