Versions
(1 version)
 
May 30 2016 onwards

57. Representative parties


(1) This Rule applies to claims about the estate of a deceased person or property subject to a trust.
(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 are minors or unborn, cannot be found, cannot easily be ascertained or is a class of person who has the same interest in a claim and to appoint a representative would further the overriding objective.
(3) An application for an order under paragraph (2) may be made by any person who seeks to be appointed under the order or by any party to the claim at any time before or after the claim has started.
(4) The Court's approval is required to settle a claim in which a party is acting as a representative under this Rule, and the Court may approve a settlement where it is satisfied that the settlement is for the benefit of all the represented persons.
(5) 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 is binding on all persons represented in the claim but may only be enforced by or against a person who is not a party to the claim with the Court's permission.