The Civil Procedure Rules 1998

[F1 II REPRESENTATIVE PARTIES E+W

Textual Amendments

F1 Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2

Representation of beneficiaries by trustees etc. E+W

F2 19.7A   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Rule 19.7A renumbered as rule 19.10 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(11)

Postal Services Act 2000 (c. 26) E+W

F3 19.7B   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Rule 19.7B substituted and renumbered as rule 19.11 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(12)

Representative parties with same interest E+W

[F4 19.8] — (1) Where more than one person has the same interest in a claim—

(a) the claim may be begun; or

(b) the court may order that the claim be continued,

by or against one or more of the persons who have the same interest as representatives of any other persons who have that interest.

(2) The court may direct that a person may not act as a representative.

(3) Any party may apply to the court for an order under paragraph (2).

(4) Unless the court otherwise directs any judgment or order given in a claim in which a party is acting as a representative under this rule—

(a) is binding on all persons represented in the claim; but

(b) may only be enforced by or against a person who is not a party to the claim with the permission of the court.

(5) This rule does not apply to a claim to which rule [F5 19.9] applies.

Textual Amendments

F4 Rule 19.6 renumbered as rule 19.8 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(9)

F5 Word in rule 19.8(5) substituted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(9)

Power to make judgments binding on non-parties E+W

F6 19.8A   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Rule 19.8A renumbered as rule 19.13 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)

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

[F7 19.9]— (1) This rule applies to claims about—

(a) the estate of a deceased person;

(b) property subject to a trust; or

(c) the meaning of a document, including a statute.

(2) The court may make an order appointing a person to represent any other person or persons in the claim where the person or persons to be represented—

(a) are unborn;

(b) cannot be found;

(c) cannot easily be ascertained; or

(d) are a class of persons who have the same interest in a claim and—

(i) one or more members of that class are within sub-paragraphs (a), (b) or (c); or

(ii) to appoint a representative would further the overriding objective.

(3) An application for an order under paragraph (2)—

(a) may be made by—

(i) any person who seeks to be appointed under the order; or

(ii) any party to the claim; and

(b) may be made at any time before or after the claim has started.

(4) An application notice for an order under paragraph (2) must be served on—

(a) all parties to the claim, if the claim has started;

(b) the person sought to be appointed, if that person is not the applicant or a party to the claim; and

(c) any other person as directed by the court.

(5) The court’s approval is required to settle a claim in which a party is acting as a representative under this rule.

(6) The court may approve a settlement where it is satisfied that the settlement is for the benefit of all the represented persons.

(7) Unless the court otherwise directs, any judgment or order given in a claim in which a party is acting as a representative under this rule—

(a) is binding on all persons represented in the claim; but

(b) may only be enforced by or against a person who is not a party to the claim with the permission of the court.

Textual Amendments

F7 Rule 19.7 renumbered as rule 19.9 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(10)

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission E+W

F8 19.9A.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Rule 19.9A renumbered as rule 19.15 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(16)

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members E+W

F9 19.9B.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Rule 19.9B renumbered as rule 19.16 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(17)

Derivative claims – other bodies corporate and trade unions E+W

F10 19.9C.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Rule 19.9C renumbered as rule 19.17 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(18)

Derivative claims arising in the course of other proceedings E+W

F11 19.9D.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Rule 19.9D renumbered as rule 19.18 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(19)

Derivative claims – costs E+W

F12 19.9E.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Rule 19.9E renumbered as rule 19.19 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(20)

Derivative claims – discontinuance and settlement E+W

F13 19.9F.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Rule 19.9F renumbered as rule 19.20 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(21)

[F14 Representation of beneficiaries by trustees etc. E+W

[F15 19.10]— (1) A claim may be brought by or against trustees, executors or administrators in that capacity without adding as parties any persons who have a beneficial interest in the trust or estate (“the beneficiaries”).

(2) Any judgment or order given or made in the claim is binding on the beneficiaries unless the court orders otherwise in the same or other proceedings.]

Textual Amendments

F14 Rule 19.7A inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 6(a)

F15 Rule 19.7A renumbered as rule 19.10 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(11)

[F16 Postal Services Act 2000 E+W

19.11    A copy of an application notice under section 92 of the Postal Services Act 2000 for permission to bring proceedings in the name of the sender or addressee of a postal packet or their personal representative must be served on the universal service provider and on the person in whose name the applicant seeks to bring the proceedings.]

Textual Amendments

F16 Rule 19.7B substituted and renumbered as rule 19.11 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(12)

Death E+W

[F17 19.12]— (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.

Textual Amendments

F17 Rule 19.8 renumbered as rule 19.12 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(13)

Power to make judgments binding on non-parties E+W

[F18 19.13] — (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 [F19 prescribed] form F20 ...;

(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 [F21 they] will become a party to the claim.

(6) If a person served with notice of a claim does not acknowledge service of the notice [F22 they] 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 [F23 them].

(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 [F24 they] had been a party to the claim; but

(b) may, provided [F25 they] acknowledges service—

(i) within 28 days after the notice is served on [F26 them], 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.

Textual Amendments

F18 Rule 19.8A renumbered as rule 19.13 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)

F19 Word in rule 19.13(4)(a)(i) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)(a)(i)

F20 Words in rule 19.13(4)(a)(i) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)(a)(ii)

F21 Word in rule 19.13(5) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)(b)

F22 Word in rule 19.13(6) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)(c)

F23 Word in rule 19.13(7) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)(d)

F24 Word in rule 19.13(8)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)(e)(i)

F25 Word in rule 19.13(8)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)(e)(ii)(aa)

F26 Word in rule 19.13(8)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(14)(e)(ii)(bb)

[F27 Derivative claims– how started E+W

[F28 19.14]— (1) This rule—

(a) applies to a derivative claim (where a company, other body corporate or trade union is alleged to be entitled to claim a remedy, and a claim is made by a member of it for it to be given that remedy), whether under Chapter 1 of Part 11 of the Companies Act 2006 or otherwise; but

(b) does not apply to a claim made pursuant to an order under section [F29 996] of that Act.

(2) A derivative claim must be started by a claim form [F30 headed “Derivative Claim”].

(3) The company, body corporate or trade union for the benefit of which a remedy is sought must be made a defendant to the claim.

(4) After the issue of the claim form, the claimant must not take any further step in the proceedings without the permission of the court, other than—

(a) a step permitted or required by rule [F31 19.15 or 19.17]; or

(b) making an urgent application for interim relief.

Textual Amendments

F27 Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

F28 Rule 19.9 renumbered as rule 19.14 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(15)

F29 Word in rule 19.9(1)(b) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 5(a)

F30 Words in rule 19.14(2) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(15)(a)

F31 Words in rule 19.14(4)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(15)(b)

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission E+W

[F32 19.15]— (1) In this rule—

• “the Act” means the Companies Act 2006;

• “derivative claim” means a derivative claim under Chapter 1 of Part 11 of the Act;

• “permission application” means an application referred to in section [F33 261(1)], 262(2) or 264(2) of the Act;

• “the company” means the company for the benefit of which the derivative claim is brought.

(2) When the claim form for a derivative claim is issued, the claimant must file—

(a) an application notice under Part 23 for permission to continue the claim; and

(b) the written evidence on which the claimant relies in support of the permission application.

(3) The claimant must not make the company a respondent to the permission application.

(4) Subject to paragraph (7), the claimant must notify the company of the claim and permission application by sending to the company as soon as reasonably practicable after the claim form is issued—

(a) a notice in the [F34 prescribed] form F35 ...;

(b) copies of the claim form and the particulars of claim;

(c) the application notice; and

(d) a copy of the evidence filed by the claimant in support of the permission application.

(5) The claimant may send the notice and documents required by paragraph (4) to the company by any method permitted by Part 6 as if the notice and documents were being served on the company.

(6) The claimant must file a witness statement confirming that the claimant has notified the company in accordance with paragraph (4).

(7) Where notifying the company of the permission application would be likely to frustrate some party of the remedy sought, the court may, on application by the claimant, order that the company need not be notified for such period after the issue of the claim form as the court directs.

[F36 (8) An application under paragraph (7)—

(a) may be made without notice; and

(b) must state in the application notice the reasons for the application and be filed with any written evidence in support.]

(9) Where the court dismisses the claimant’s permission application without a hearing, the court will notify the claimant and (unless the court orders otherwise) the company of that decision.

(10) The claimant may ask for an oral hearing to reconsider the decision to dismiss the permission application, but the claimant—

(a) must make the request to the court in writing within seven days of being notified of the decision; and

(b) must notify the company in writing, as soon as reasonably practicable, of that request unless the court orders otherwise.

(11) Where the court dismisses the permission application at a hearing pursuant to paragraph (10), it will notify the claimant and the company of its decision.

(12) Where the court does not dismiss the application under section 261(2) of the Act, the court will—

(a) order that the company and any other appropriate party must be made respondents to the permission application; and

(b) give directions for the service on the company and any other appropriate party of the application notice and the claim form.

Textual Amendments

F27 Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

F32 Rule 19.9A renumbered as rule 19.15 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(16)

F33 Word in rule 19.9A(1) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 5(b)

F34 Word in rule 19.15(4)(a) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(16)(a)(i)

F35 Words in rule 19.15(4)(a) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(16)(a)(ii)

F36 Rule 19.15(8) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(16)(b)

Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members E+W

[F37 19.16.]— (1) This rule applies to proceedings under section 262(1) or 264(1) of the Companies Act 2006.

(2) The application for permission must be made by an application notice in accordance with Part 23.

(3) Rule [F38 19.15] (except for paragraphs (1), (2) and (4)(b) of that rule, and paragraph (12)(b) so far as it applies to the claim form) applies to an application under this rule and references to the claimant in rule [F38 19.15] are to be read as references to the person who seeks to take over the claim.

Textual Amendments

F27 Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

F37 Rule 19.9B renumbered as rule 19.16 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(17)

F38 Word in rule 19.16(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(17)

Derivative claims – other bodies corporate and trade unions E+W

[F39 19.17.]— (1) This rule sets out the procedure where—

(a) either—

(i) a body corporate to which Chapter 1 of Part 11 of the Companies Act 2006 does not apply; or

(ii) a trade union,

is alleged to be entitled to a remedy; and

(b) either—

(i) a claim is made by a member for it to be given that remedy; or

(ii) a member of the body corporate or trade union seeks to take over a claim already started, by the body corporate or trade union or one or more of its members, for it to be given that remedy.

(2) The member who starts, or seeks to take over, the claim must apply to the court for permission to continue the claim.

(3) The application for permission must be made by an application notice in accordance with Part 23.

(4) The procedure for applications in relation to companies under section 261, 262 or 264 (as the case requires) of the Companies Act 2006 applies to the permission application as if the body corporate or trade union were a company.

[F40 (5) Rules [F41 19.15] (except for paragraph (1) of that rule) and [F42 19.16] apply to the permission application as if the body corporate or trade union were a company.]

Textual Amendments

F27 Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

F39 Rule 19.9C renumbered as rule 19.17 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(18)

F40 Rule 19.9C(5) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 5(c)

F41 Word in rule 19.17(5) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(18)(a)

F42 Word in rule 19.17(5) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(18)(b)

Derivative claims arising in the course of other proceedings E+W

[F43 19.18.]   If a derivative claim (except such a claim in pursuance of an order under section [F44 996] of the Companies Act 2006) arises in the course of other proceedings—

(a) in the case of a derivative claim under Chapter 1 of Part 11 of that Act, rule [F45 19.15 or 19.16] applies, as the case requires; and

(b) in any other case, rule [F46 19.17] applies.

Textual Amendments

F27 Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

F43 Rule 19.9D renumbered as rule 19.18 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(19)

F44 Word in rule 19.9D substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 5(d)

F45 Words in rule 19.18(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(19)(a)

F46 Word in rule 19.18(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(19)(b)

Derivative claims – costs E+W

[F47 19.19.]— [F48 (1)]  The court may order the company, body corporate or trade union for the benefit of which a derivative claim is brought to indemnify the claimant against liability for costs incurred in the permission application or in the derivative claim or both.

[F49 (2) If the claimant seeks an order that the defendant company or other body concerned indemnify the claimant against liability for costs incurred in the permission application or the claim, this should be stated in the permission application or claim form or both.]

Textual Amendments

F27 Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

F47 Rule 19.9E renumbered as rule 19.19 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(20)

F48 Rule 19.19 renumbered as rule 19.19(1) (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(20)(a)

F49 Rule 19.19(2) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(20)(b)

Derivative claims – discontinuance and settlement E+W

[F50 19.20.]   Where the court has given permission to continue a derivative claim, the court may order that the claim may not be [F51 discontinued, settled or compromised] without the permission of the court.]]

Textual Amendments

F27 Rules 19.9-19.9F substituted for rule 19.9 (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 1 (with rule 21)

F50 Rule 19.9F renumbered as rule 19.20 (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 12(21)

F51 Words in rule 19.9F substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 5(e)