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County Court Rules (Northern Ireland) 1981

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Representative proceedings

7.—(1) Where there are numerous persons having the same interest in one action or matter, one or more of them may be authorised or appointed by the judge before or at the hearing, to sue or defend on behalf of all persons so interested.

(2) Where a defendant desires to defend on behalf of numerous persons having the same interest, he shall, within five days from the day on which the civil bill is served on him, file in the Office an affidavit stating the facts on which he relies and the names, addresses and occupations or, where appropriate, a collective description of the persons on behalf of whom he desires to defend, and serve on the plaintiff a copy of the affidavit together with a notice of the defendant's intention to apply to the judge at or before the hearing of the action or matter for leave so to defend.

(3) If an order is made for the defendant so to defend—

(a)a collective description sufficient to designate the persons to whom the order relates shall be added to the name of the defendant in the books of the court;

(b)notice shall be given to such persons affected by the order and in such manner, in Form 3 or Form 4 or otherwise, as the judge directs;

(c)the hearing of the action or matter may be adjourned to enable any person who is included in the collective description to object to the defendant defending on behalf of all or any of the persons to whom the order relates;

(d)where an objection is made under paragraph (c), the judge shall consider the objection and make such further order as he thinks fit.

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