F1PART 19PARTIES AND GROUP LITIGATION

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Amendments (Textual)

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.