Rule 8.9 Representative parties

(1)

The court may, before or after the application has been filed at court, make an order appointing a person to represent any other person or persons in the application 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 an application 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.

(2)

An application for an order under paragraph (1) may be made by—

(a)

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

(b)

any party to the application.

(3)

An application for an order under paragraph (1) must be served on—

(a)

all parties to the application to alter the maintenance agreement, if that application has been filed at court;

(b)

the person sought to be appointed, if that person is not the applicant or a party to the application; and

(c)

any other person as directed by the court.

(4)

The court's approval is required to settle proceedings in which a party is acting as a representative.

(5)

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

(6)

Unless the court directs otherwise, any order made on an application in which a party is acting as a representative—

(a)

is binding on all persons represented in the proceedings; and

(b)

may only be enforced by or against a person who is not a party with the permission of the court.

(7)

An application may be brought by or against trustees, executors or administrators without adding as parties any persons who have a beneficial interest in the trust or estate and any order made on the application is binding on the beneficiaries unless the court orders otherwise.