The Civil Procedure (Amendment) Rules 2001

Amendments to the Civil Procedure Rules 1998

10.  After rule 19.8, insert—

“Power to make judgments binding on non-parties

19.8A— (1) This rule applies to any claim in the High Court relating to—

(a) the estate of a deceased person; or

(b) property subject to a trust.

(2) The court may at any time direct that notice of the claim be served on a person who is not a party but who will or may be affected by any judgment made in the claim.

(3) An application under this rule—

(a) may be made without notice; and

(b) must be supported by written evidence which includes the reasons why the person to be served should be bound by the judgment in the claim.

(4) Unless the court orders otherwise, the notice of the claim under this rule must be—

(a) in the form in the relevant practice direction;

(b) issued by the court; and

(c) accompanied by—

(i) a copy of the claim form;

(ii) all other statements of case served in the claim; and

(iii) a form of acknowledgment of service.

(5) If a person served with notice of the claim files an acknowledgment of service within 14 days he will become a party to the claim.

(6) If a person served with notice of the claim does not acknowledge service of the notice he will be bound by any judgment given in the claim as if he were a party.

(7) If, after service of the notice of the claim on a person, the claim form is amended so as substantially to alter the relief claimed the court may direct that a judgment shall not bind that person unless a further notice, together with a copy of the amended claim form, is served on him.

(8) The following rules of Part 10 (acknowledgment of service) apply—

(a) rule 10.4; and

(b) rule 10.5, subject to the modification that references to the defendant are to be read as references to the person served with the notice of the claim.

(9) A notice under this rule is issued on the date entered on the notice by the court.”.