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21.1 (1) This rule applies to any proceedings, other than proceedings falling within rule 21.4 where five or more persons have the same or a similar interest in the proceedings.

(2) The court may appoint -

(a) one or more of those persons; or

(b) a body having a proper interest in the proceedings; to represent all or some of the persons with the same or similar interest.

(3) A representative under this rule may be either a claimant or a defendant.

21.2 (1) An application for an order appointing a representative party may be made at any time, including at a time before proceedings have been started.

(2) An application for such an order may be made by -

(a) Any party; or

(b) Any person or body who wishes to be appointed as a representative party; or

(c) Any person who is likely to be a party to proceedings.

(3) An application for such an order -

(a) must be supported by evidence; and

(b) must identify every person to be represented, either

(i) individually; or

(ii) by description, if it is not practicable to identify a person individually.

(4) If the court orders that a person not already a party shall be a representative defendant, it must make an order adding him as a defendant.

21.3 (1) Where there is a representative claimant or defendant, an order of the court binds everyone whom he represents.

(2) It may not however be enforced against a person not a party to the proceedings unless the person wishing to enforce it obtains permission from the court.

(3) An application for permission must be supported by evidence.

21.4 (1) This rule applies only to proceedings about -

(a) the estate of someone who is dead; or

(b) property subject to a trust; or

(c) the construction of a written instrument.

(2) The court may appoint one or more persons to represent any person or class of persons (including an unborn person) who is or may be interested in or affected by the proceedings (whether presently or for any future, contingent or unascertained interest) where -

(a) the person, or the class or some member of it, cannot be ascertained or cannot readily be ascertained; or

(b) the person, or the class or some member of it, though ascertained cannot be found; or

(c) it is expedient to do so for any other reason.

(3) An application for an order to appoint a representative party under this rule may be made by -

(a) any party; or

(b) any person who wishes to be appointed as a representative party.

(4) A representative appointed under this rule may be either a claimant or a defendant.

(5) Where there is a representative claimant or representative defendant, a decision of the court is binding on everyone he represents.

21.5 (1) Where -

(a) a compromise is proposed in proceedings to which rule 21.4 applies; and

(b) some of the persons who are interested in, or who may be affected by, the compromise are not parties to the proceedings; and

(c) the proper compromise procedure (set out in paragraph (3)) is followed; and

(d) the court is satisfied that the compromise will be for the benefit of the absent persons, The court may approve the compromise and order that it shall be binding on the absent persons.

(2) The persons for whose benefit the court may approve a compromise may be unborn or unascertained.

(3) The proper compromise procedure is followed if, when the court considers the proposed compromise the interest of the absent persons is represented by a representative appointed under rule 21.4.

(4) The court's order approving the compromise binds the absent persons unless it has been obtained by fraud or non-disclosure of material facts.

21.6 (1) A claim may be made by or against a person in his capacity as a trustee, executor or administrator.

(2) If a claim is so made, there is no need for a beneficiary also to be a party.

(3) A decision of the court in such proceedings is binding on a beneficiary unless the court otherwise orders.

(4) The only ground for an order that a decision is not binding on a beneficiary is that the trustee, executor or administrator -

(a) could not; or

(b) did not in fact, represent the interest of the beneficiary.

21.7 (1) A claim may be made against the estate of a dead person ("A.B") by saying in it that it is against -

(a) "the personal representatives of A.B. deceased"; or

(b) "the estate of A.B. deceased".

(2) A claim against a person who dies after it is made may be continued by substituting either of the descriptions set out in paragraph (1) for the dead defendant's name.

(3) If the dead defendant has no personal representatives, the court may make an order appointing someone to represent his estate for the purpose of the proceedings.

(4) The court may make such an order on or without an application.

(5) Until the court has appointed someone to represent the dead defendant's estate, the claimant may take no step in the proceedings apart from applying for an order to have a representative appointed under this rule.

(6) A decision in proceedings where the court has appointed a representative under this rule binds the estate to the same extent as if the person appointed were an executor or administrator of the deceased defendant's estate.

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21.8 (1) If a party to proceedings dies, the court may give directions to enable the proceedings to be carried on

(2) An order under this rule may be made on or without an application

21.9 (1) If a claimant dies and his personal representatives do not apply for an order under rule 19.5 to be substituted as claimants, the defendant may apply for the claim to be struck out.

(2) Notice of the application must be given to the personal representatives of the claimant (if any) and such other persons as the Court may direct.

(3) The general rule is that if the Court makes an order on an application under this rule it shall be that unless the personal representatives or some other person on behalf of the estate apply to be substituted under rule 19.5 or for directions under rule 21.8 by a specified date, the claim shall be struck out.

(4) If a defendant dies and the claim is stayed under rule 21.7(5), the personal representatives of the defendant may apply to the Court for an order that the claim be struck out.