F1PART 19PARTIES AND GROUP LITIGATION

Annotations:
Amendments (Textual)

II REPRESENTATIVE PARTIES

Death19.8

1

Where a person who had an interest in a claim has died and that person has no personal representative the court may order—

a

the claim to proceed in the absence of a person representing the estate of the deceased; or

b

a person to be appointed to represent the estate of the deceased.

2

Where a defendant against whom a claim could have been brought has died and—

a

a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of the deceased;

b

a grant of probate or administration has not been made—

i

the claim must be brought against “the estate of” the deceased; and

ii

the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim.

3

A claim shall be treated as having been brought against “the estate of” the deceased in accordance with paragraph (2)(b)(i) where—

a

the claim is brought against the “personal representatives” of the deceased but a grant of probate or administration has not been made; or

b

the person against whom the claim was brought was dead when the claim was started.

4

Before making an order under this rule, the court may direct notice of the application to be given to any other person with an interest in the claim.

5

Where an order has been made under paragraphs (1) or (2)(b)(ii) any judgment or order made or given in the claim is binding on the estate of the deceased.