F1PART 19PARTIES AND GROUP LITIGATION
II REPRESENTATIVE PARTIES
Power to make judgments binding on non-partiesF219.8A
1
This rule applies to any claim relating to—
a
the estate of a deceased person;
b
property subject to a trust; or
c
the sale of any property.
2
The court may at any time direct that notice of—
a
the claim; or
b
any judgment or order given in the claim,
be served on any person who is not a party but who is or may be affected by it.
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—
a
a notice of a claim or of a judgment or order under this rule must be—
i
in the form required by the practice direction;
ii
issued by the court; and
iii
accompanied by a form of acknowledgment of service with any necessary modifications;
b
a notice of a claim must also be accompanied by—
i
a copy of the claim form; and
ii
such other statements of case, witness statements or affidavits as the court may direct; and
c
a notice of a judgment or order must also be accompanied by a copy of the judgment or order.
5
If a person served with notice of a claim files an acknowledgment of service of the notice within 14 days he will become a party to the claim.
6
If a person served with notice of a 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 a notice of a claim on a person, the claim form is amended so as substantially to alter the remedy 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
Any person served with a notice of a judgment or order under this rule—
a
shall be bound by the judgment or order as if he had been a party to the claim; but
b
may, provided he acknowledges service—
i
within 28 days after the notice is served on him, apply to the court to set aside or vary the judgment or order; and
ii
take part in any proceedings relating to the judgment or order.
9
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.
10
A notice under this rule is issued on the date entered on the notice by the court.
Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2