• PART 7 PART 7 — Parties And Group Litigation

    • 55. Parties — general

      (1) Where a claimant claims a remedy to which some other person is jointly entitled with him, all persons jointly entitled to the remedy must be parties unless the Court orders otherwise.
      (2) If any person does not agree to be a claimant, he must be made a defendant unless the Court orders otherwise.

    • 56. Addition and substitution of parties

      (1) Where the claim form has been served, the Court's permission is required to remove, add or substitute a party.
      (2) An application for permission under paragraph (1) may be made by an existing party or by a person who wishes to become a party.
      (3) Nobody may be added or substituted as a claimant unless he has given his consent in writing and that consent has been filed with the Court.
      (4) The Court may order any person to cease to be a party if it is not desirable for that person to continue to be a party to the proceedings.
      (5) An order for the removal, addition or substitution of a party must be served on all parties to the proceedings and any other person affected by the order.
      (6) The Court may add or substitute a party after the end of a period of limitation only if the relevant limitation period was current when the proceedings were started and the addition or substitution is necessary.

    • 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.

    • 58. Power to make judgments binding on non-parties

      (1) The Court may at any time direct that notice of the claim or 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.
      (2) Any person served with a notice of a judgment or order under this Rule shall be bound by the judgment or order as if he had been a party to the claim but may, provided he acknowledges service of the notice in accordance with Rule 35(1) apply to the Court to set aside or vary the judgment or order or take part in any proceedings relating to the judgment or order.

    • 59. Derivative claims

      (1) This Rule applies to a derivative claim, whether under Chapter 1 of Part 11 of the Companies Regulations or otherwise, but does not apply to a claim made pursuant to an order made under section 860 of those Regulations.
      (2) "Derivative claim" means a claim made by an eligible member of a company or other body corporate for a remedy where the company or other body corporate is alleged to be entitled to that remedy, "eligible member" having the meaning given in section 282(3) of the Companies Regulations.
      (3) A derivative claim is started by issuing a claim form, and the company or other body corporate for the benefit of which a remedy is sought must be made a defendant to the claim.

    • 60. Derivative claims under the Companies Regulations

      (1) When the claim form for a derivative claim under Chapter 1 of Part 11 of the Companies Regulations is issued, the claimant must file an application for permission to continue the claim.
      (2) The claimant must not make the company a respondent to the permission application.
      (3) Subject to paragraph (5), the claimant must notify the company of the claim and the permission application by sending to the company the documents set out in the relevant practice direction as soon as reasonably practicable after the claim form is issued.
      (4) The claimant may send the documents required by the relevant practice direction to the company by any method permitted by the practice direction as if the documents were being served on the company.
      (5) Where notifying the company of the permission application would be likely to frustrate some part 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; and an application under this paragraph may be made without notice.
      (6) Where the Court does not dismiss the permission application under section 283(2) of the Companies Regulations, the Court will order that the company and any other appropriate party must be made respondents to the permission application, and give directions for the service on the company and any other appropriate party of the permission application notice and the claim form.

    • 61. Derivative claims — other bodies corporate

      (1) This Rule sets out the procedure where a body corporate to which Chapter 1 of Part 11 of the Companies Regulations does not apply is alleged to be entitled to a remedy and either a claim is made by an eligible member, or an eligible member of the body corporate, seeks to take over a claim already started by the body corporate or one or more of its eligible members for it to be given that remedy.
      (2) The eligible member who starts or seeks to take over the claim must apply to the Court for permission to continue the claim; and the application for permission must be made by an application notice.
      (3) The procedure for applications in relation to companies under section 283, 284 or 286 (as the case requires) of the Companies Regulations applies to the permission application as if the body corporate were a company.
      (4) Paragraphs (2) and (3) apply to the permission application as if the body corporate were a company.

    • 62. Derivative claims arising in other proceedings

      (1) If a derivative claim (except such a claim in pursuance of an order under section 860 of the Companies Regulations) arises in the course of other proceedings in the case of a derivative claim under Chapter 1 of Part 11, Rules 58 and 59 apply as the case requires.
      (2) The Court may order the company or body corporate 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.
      (3) The Court, where it has given permission to continue a derivative claim, may order that the claim may not be discontinued, settled or compromised without the Court's permission

    • 63. Group Litigation Orders

      (1) The Court may make a Group Litigation Order ("GLO") to provide for the case management of claims which give rise to common or related issues of fact or law (the "GLO issues").
      (2) The procedure for applying for a GLO and the type of orders and directions it may contain may be set out in a relevant practice direction.
      (3) A GLO must contain directions about the establishment of a register (the "group register") on which the claims managed under the GLO will be entered and specify the GLO issues which will identify the claims to be managed as a group under the GLO.
      (4) A party to a claim on the group register may apply to the Court for the claim to be removed from the group register.
      (5) Unless the Court orders otherwise, disclosure of any document relating to the GLO issued by a party to a claim on the group register is disclosure of that document to all parties to claims which are on, or are subsequently entered on, the group register.
      (6) Where a judgment or order is given or made in a claim in the group register in relation to one or more GLO issues that judgment or order is binding on the parties to all other claims that are on the group register at the time that judgment is given or order is made unless the Court orders otherwise; and the Court may give directions as to the extent to which that judgment or order is binding on the parties to any claim which is subsequently entered on the group register.
      (7) Any party who is adversely affected by a judgment or order which is binding on him may apply for the judgment or order to be set aside, varied or stayed or for permission to appeal the judgment or order.
      (8) A party to a claim which was entered on the group register after a judgment or order which is binding on him was given or made may not apply for the judgment or order to be set aside, varied or stayed or appeal the judgment or order, but he may apply to the Court for an order that the judgment or order is not binding on him.