The Civil Procedure Rules 1998 No. 3132 (L. 17)

SCHEDULE 1 E+W

Commencement Information

I1 Sch. 1 in force at 26.4.1999, see Signature

RSC ORDER 15 E+W CAUSES OF ACTION, COUNTERCLAIMS AND PARTIES

Proceedings against estates E+W

F1 Rule 6A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 RSC Order 15 rule 6A revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Change of parties by reason of death, etc. E+W

F2 Rule 7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 RSC Order 15 rule 7 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Failure to proceed after death of party E+W

Rule 9—(1) If after the death of a claimant or defendant in any claim the cause of action survives, but no order F3 ... is made substituting as claimant any person in whom the cause of claim vests or, as the case may be, the personal representatives of the deceased defendant, the defendant or, as the case may be, those representatives may apply to the Court for an order that unless the claim is proceeded with within such time as may be specified in the order the claim shall be struck out as against the claimant or defendant, as the case may be, who has died; but where it is the claimant who has died, the Court shall not make an order under this rule unless satisfied that due notice of the application has been given to the personal representatives (if any) of the deceased claimant and to any other interested persons who, in the opinion of the Court, should be notified.

Textual Amendments

F3 Words in Sch. 1 RSC Order 15 rule 9 omitted (2.5.2000) by virtue of The Civil Procedure (Amendment No. 2) Rules 2000 (S.I. 2000/940), rules 1, 12

Relator actions E+W

F4 Rule 11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 1 RSC Order 15 rule 11 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Representative proceedings E+W

F5 Rule 12  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 1 RSC Order 15 rule 12 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Derivative claims E+W

F6 Rule 12A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 1 RSC Order 15 rule 12A revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Representation of interested persons who cannot be ascertained, etc. E+W

F7 Rule 13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 1 RSC Order 15 rule 13 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Notice of claim to non—parties E+W

F8 Rule 13A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 1 RSC Order 15 rule 13A omitted (26.3.2001) by virtue of The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 19

Representation of beneficiaries by trustees, etc. E+W

Rule 14—(1) Any proceedings, including proceedings to enforce a security by foreclosure or otherwise, may be brought by or against trustees, executors or administrators in their capacity as such without joining any of the persons having a beneficial interest in the trust or estate, as the case may be; and any judgment or order given or made in those proceedings shall be binding on those persons unless the Court in the same or other proceedings otherwise orders on the ground that the trustees, executors or administrators, as the case may be, could not or did not in fact represent the interests of those persons in the first—mentioned proceedings.

(2) Paragraph (1) is without prejudice to the power of the Court to order any person having such an interest as aforesaid to be made a party to the proceedings or to make an order [F9 under CPR rule 19.7].

Textual Amendments

F9 Words in Sch. 1 RSC Order 15 rule 14(2) substituted (15.10.2001) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rules 1(a), 7 (with rule 24)

Representation of deceased person interested in proceedings E+W

F10 Rule 15  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 1 RSC Order 15 rule 15 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)

Declaratory judgment E+W

F11 Rule 16  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 1 RSC Order 15 rule 16 omitted (26.3.2001) by virtue of The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rules 1(a), 19

Conduct of proceedings E+W

F12 Rule 17  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 1 RSC Order 15 rule 17 revoked (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 8 (with rule 39(b)) (as amended by S.I. 2000/940, rules 1, 2)