The Civil Procedure Rules 1998

[F1Giving notice of claimE+W

57.20.—(1) Where the claim is for a declaration of presumed death, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—

(a)the spouse or civil partner of the missing person;

(b)any parent of the missing person;

(c)any child of the missing person;

(d)any sibling of the missing person;

(e)if there are no persons within sub-paragraphs (a) to (d), the nearest relative of the missing person known to the claimant; and

(f)any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.

(2) Where the claim is for a variation order, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—

(a)the person who was the claimant for the declaration of presumed death or (as the case may be) previous variation order which it is sought to have varied or revoked;

(b)the spouse or civil partner of the missing person;

(c)any parent of the missing person;

(d)any child of the missing person;

(e)any sibling of the missing person;

(f)if there are no persons within sub-paragraphs (b) to (e), the nearest relative of the missing person known to the claimant; and

(g)any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.

(3) Notice under paragraph (1)(a) to (f) or paragraph (2)(a) to (g) must be given within 7 days after the claim is issued.]

Textual Amendments