Q&As

What is the procedure for making an application under CPR Part 19.8(2)(b)(ii)? Must this application be made at the same time as (and on the same Part 7/8 claim form, as appropriate) as the 'main claim' or is it a discrete application?

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Produced in partnership with Tom Stewart Coats of XXIV Old Buildings
Published on LexisPSL on 30/01/2017

The following Dispute Resolution Q&A produced in partnership with Tom Stewart Coats of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • What is the procedure for making an application under CPR Part 19.8(2)(b)(ii)? Must this application be made at the same time as (and on the same Part 7/8 claim form, as appropriate) as the 'main claim' or is it a discrete application?
  • Purpose of CPR 19.8(2)(b)
  • Applications pursuant to CPR Part 19.8(2)(b)(ii)

What is the procedure for making an application under CPR Part 19.8(2)(b)(ii)? Must this application be made at the same time as (and on the same Part 7/8 claim form, as appropriate) as the 'main claim' or is it a discrete application?

Purpose of CPR 19.8(2)(b)

CPR 19.8(2) provides as follows:

'(2) Where a defendant against whom a claim could have been brought has

died and—

(a) a grant of probate or administration has been made, the claim must be brought against the persons who are the personal representatives of the deceased;

(b) a grant of probate or administration has not been made—

(i) the claim must be brought against “the estate of” the deceased; and

(ii) the claimant must apply to the court for an order appointing a person to represent the estate of the

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