PT-2025-BRS-000081 - [2025] EWHC 2128 (Ch)

Issuing a claim without joining a defendant is permissible for certain Part 8 claims, by virtue of CPR rule 8.2A, which relevantly reads:

“(1)

A practice direction may set out circumstances in which a claim form may be issued under this Part without naming a defendant.

(2)

The practice direction may set out those cases in which an application for permission must be made by application notice before the claim form is issued.”

Although there is no general practice direction made under rule 8.2A (see Barking and Dagenham LBC v Persons Unknown [2022] EWCA Civ 13, [11]), practice directions 64A and 64B both contain specialist trust and estate provisions referring to that rule, and are accordingly to that extent practice directions under the rule, as Morgan J pointed out in Re Conwy Marina Village Management Company Ltd [2021] EWHC 1275 (Ch), [29].

PD 64A relevantly provides:

“1.

The following are examples of the types of claims which may be made under rule 64.2(a) –

(1)

a claim for the determination of any of the following questions –

(a)

any question as to who is included in any class of persons having –

[ … ]

(iii)

a beneficial interest under a trust;

(b)

any question as to the rights or interests of any person claiming –

[ … ]

(iii)

to be beneficially entitled under a trust.

(2)

a claim for any of the following remedies:

[ … ]

(b)

an order approving any sale, purchase, compromise or other transaction by a trustee (whether administrative or dispositive);

[ … ]

1A.1 Where a claim is made by a trustee for a remedy within paragraph 1(2)(b) … the court may be requested to determine the claim without a hearing.

1A.2 The claim form in such a case may be issued in accordance with rule 8.2A … and no separate application for permission under rule 8.2A need be made.

[ … ]

5.

A Part 8 claim form for an application by trustees under section 48 of the Administration of Estates Act 1985 (power of High Court to authorise action to be taken in reliance on legal opinion) may be issued without naming a defendant, under rule 8.2A. No separate application for permission under rule 8.2A need be made.”

It will be seen from the provisions of rule 8.2A and paragraphs 1A.2 and 5 of PD 64A that claims brought under those two paragraphs can be issued without naming a defendant, and that no application for permission to do so need be made. The claim as set out in the claim form says it is one made under paragraph 1A, but also says that the claimants rely on the opinion of counsel. Yet counsel’s opinion is relevant to a claim under paragraph 5, rather than to one under paragraph 1A. But, since there is no need for permission in either case, nothing turns on this.