OpenLegislation

Rule 57.20 Giving notice of claimF1F2

(1)

Where the claim is for a declaration of presumed death, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—

(a)

the spouse or civil partner of the missing person;

(b)

any parent of the missing person;

(c)

any child of the missing person;

(d)

any sibling of the missing person;

(e)

if there are no persons within sub-paragraphs (a) to (d), the nearest relative of the missing person known to the claimant; and

(f)

any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.

(2)

Where the claim is for a variation order, the claimant must give notice of the claim by serving a copy of it on the following persons (where not the claimant)—

(a)

the person who was the claimant for the declaration of presumed death or (as the case may be) previous variation order which it is sought to have varied or revoked;

(b)

the spouse or civil partner of the missing person;

(c)

any parent of the missing person;

(d)

any child of the missing person;

(e)

any sibling of the missing person;

(f)

if there are no persons within sub-paragraphs (b) to (e), the nearest relative of the missing person known to the claimant; and

(g)

any other person (including in particular any insurance company) appearing to the claimant to have an interest in the claim.

(3)

Notice under paragraph (1)(a) to (f) or paragraph (2)(a) to (g) must be given within 7 days after the claim is issued.

Annotations

Textual amendments

F1

Pt. 57 inserted (15.10.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rule 1(b), Sch. (with rule 19)

F2

Pt. 57 Section 5 inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rule 2, Sch.

Notes on Part 57

Textual amendments

F2

Pt. 57 heading substituted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 3

F3

Words in Pt. 57 Table of Contents inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 4 Pt. 1

F4

Words in Pt. 57 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 10(b)

F5

Words in Pt. 57 Table of Contents inserted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 4