PRACTICE DIRECTION 57B – PROCEEDINGS UNDER THE PRESUMPTION OF DEATH ACT 2013 This Practice Direction supplements Part 57
See also Part 57, Part 57A, Practice Direction 57, Practice Direction 57AA, Practice Direction 57AB, Practice Direction 57C,
| Title | Number |
|---|---|
| Procedure for claims – Rule 57.19 | Para. 1.1 |
| Advertisement of claim – Rule 57.21 | Para. 2.1 |
| Interveners – Rule 57.22 | Para. 3.1 |
Procedure for claims – Rule 57.19
Claim for declaration of presumed death – claim form
1.1
The claim form for a claim for a declaration of presumed death must include or be accompanied by the following (where known)—
(1) Information about the claimant
(a) the claimant’s name and address;
(b) the relationship of the claimant to the missing person; and
(c) if the claimant is not the missing person’s spouse, civil partner, parent, child or sibling, details of the claimant’s interest in the determination of the application;
(2) Information about the missing person
(a) the missing person’s name and surname, and any other names by which the missing person is or has formerly been known;
(b) the missing person’s gender;
(c) the missing person’s maiden surname (if any);
(d) the missing person’s date and place of birth;
(e) the occupation of the missing person;
(f) the occupation, name and surname of—
(i) the missing person’s spouse or civil partner (or late spouse or civil partner if the marriage or civil partnership ended on death);
(ii) where the missing person was under 16 years of age, the missing person’s parents;
(g) the missing person’s National Insurance number;
(h) the date on which missing person is thought to have died, or on which the missing person was last known have been alive;
(i) on which of the grounds in section 1(4) of the 2013 Act the court is considered to have jurisdiction to entertain the claim;
(j) the usual or last known address of the missing person; and
(k) the name and address of the spouse or civil partner, parents, children or siblings of the missing person (if any, and if not the claimant);
(3) Information about steps taken to trace the missing person
(a) details of any enquiries made or other steps taken to trace the missing person or confirm when the missing person was last known to be alive; and
(b) details of the results of such enquiries or other steps;
(4) Information about the missing person’s property
(a) an estimate of the total value of the assets of the missing person;
(b) details of property owned by the missing person; and
(c) details of the interest of any other person in the missing person’s property which it is sought to have determined by the court; and
(5) Information about advertisement and recipients of notice of the claim
(a) details of the newspaper in which the claimant proposes to advertise the claim; and
(b) details of the persons to whom the claimant is giving notice of the claim and, where notice is being given to a person under rule 57.20(1)(f), the nature of that person’s interest in the claim.
Claim for variation order
1.2
The claim form for a variation order must include or be accompanied by the following (where known)—
(1) Information about the claimant
(a) the claimant’s name and address;
(b) the relationship of the claimant to the missing person; and
(c) details of the claimant’s interest in the determination of the application;
(2) Information about previous claim and missing person’s property
(a) details of the declaration of presumed death or (as the case may be) previous variation order which it is sought to have varied or revoked;
(b) details of the circumstances which are claimed to justify a variation order, and evidence of the enquiries made and other steps taken to verify them and their outcomes; and
(c) details of any interest in property acquired as a result of the declaration of presumed death or (as the case may be) previous variation order which it is sought to have varied or revoked; and
(3) Information about advertisement and recipients of notice of the claim
(a) details of the newspaper in which the claimant proposes to advertise the claim; and
(b) details of the persons to whom the claimant is giving notice of the claim and, where notice is being given to a person under rule 57.20(2)(g), the nature of that person’s interest in the claim.
Issue of claim form without serving notice on any person
1.3
For the purposes of rule 8.2A as modified by rule 57.19, an application for permission to issue a claim form, whether the claim is for a declaration or presumed death or for a variation order, may be made only where the claimant believes there to be no person within paragraph (1)(a) to (f) or paragraph (2)(a) to (g) of rule 57.20. The application must explain why the claimant believes that there is no such person.
Case management – first directions hearing
1.4
A claim (whether for a declaration of presumed death or for a variation order) must be listed for case management directions either—
(a) more than 28 days (but where practicable no more than 56 days) after issue; or
(b) where the claim form has been served outside the jurisdiction, more than 7 days (but where practicable no more than 35 days) after the period for filing provided for by rule 57.19(7),
to allow for time for those served with notice of the claim or who respond to the advertisement of the claim to file notice of intention to intervene or an application for permission to intervene as the case may be.
1.5
The court must notify all those who have filed notice of intention to intervene or an application for permission to intervene of the date of the directions hearing.
Advertisement of claim – Rule 57.21
2.1
The advertisement of the claim required by section 9(2) of the 2013 Act and rule 57.21(1)(a) must be in the form set out below, or contain the equivalent information about the claim and the possibility of applying, and where and by when to apply, to the Court—
IN THE HIGH COURT OF JUSTICE [CHANCERY] [FAMILY] DIVISION
Case Number ……
IN THE MATTER OF AN APPLICATION FOR A DECLARATION OF THE PRESUMED DEATH OF (INSERT NAME)
A claim has been issued in the High Court of Justice, for a [declaration] [variation of a declaration] that (insert name), whose last known address was (insert address) is presumed to be dead. Any person having an interest may apply to the Court to intervene in the matter.
If you wish to apply to the Court, you should do so at [Court address] as soon as possible, and if possible within 21 days of the date of this notice. Delay may harm your prospects of being able to intervene.
[If the claimant is legally represented]
(Name)
Claimant’s Legal Representative
(Address)
[If the claimant is not legally represented]
(Claimant’s address for service)
Interveners – Rule 57.22
3.1
The Attorney General, or a person who is entitled to intervene in the proceedings by virtue of section 11(1) (the missing person’s spouse, civil partner, parent, child or sibling) should notify the intention to intervene as early as possible by filing, and serving on the claimant, notice in writing, specifying—
(a) the intervener’s name and address;
(b) the intervener’s relationship to the missing person (where the intervener is not the Attorney General);
(c) the reasons for intervening; and
(d) particulars of any determination or order sought under section 11(4)(b) or (c) of the 2013 Act.
3.2
An application under rule 57.22(2) for permission to intervene must be served on the claimant and must specify—
(a) the applicant’s relationship to the missing person or other interest in the proceedings;
(b) the reasons for seeking to intervene; and
(c) particulars of any determination or order sought under section 11(4)(b) or (c) of the 2013 Act.