The County Court Rules 1981

ORDER 23ACCOUNTS AND INQUIRIES IN EQUITY PROCEEDINGS

Service of notice of judgment

1.—(1) Where in any action or matter for—

(a)the administration of the estate of a deceased person, or

(b)the execution of a trust, or

(c)the sale of any property,

the court gives a judgment or makes an order which affects the rights or interests of persons who are not parties to the action or matter or directs any account to be taken or inquiry made, the court may direct notice of the judgment or order to be served on any person interested in the estate or under the trust or in the property, as the case may be.

(2) The notice shall be prepared by the proper officer and shall have annexed to it a copy of the judgment or order.

(3) The notice shall be served in the same manner as a fixed date summons, but if it appears to the court that it is impracticable to serve the notice on any person directed to be served, the court may dispense with service on him.

(4) Where the court dispenses with service of the notice on any person, it may also direct that he shall be bound by the judgment or order to the same extent as if he had been served with notice of it and he shall be bound accordingly except where the judgment has been obtained by fraud or non-disclosure of material facts.

(5) Any person served with notice under this rule shall be bound by the judgment or order and shall be entitled to attend the proceedings under it, but he may, within one month after service of the notice on him, apply to the judge (or, if the judgment or order was given or made by the registrar, to the registrar) to discharge, vary or add to the judgment or order.

Application of R.S.C

2.—(1) Subject to the following paragraphs of this rule and to rule 3, the provisions of the R.S.C. relating to proceedings under a judgment in the Chancery Division (except R.S.C. Order 44, rule 3, to which rule of this Order corresponds) shall apply to proceedings under a judgment or order given or made by a county court in the exercise of its equity jurisdiction.

(2) The proper officer shall fix a day for proceeding under the judgment or order and shall give notice thereof to all parties entitled to attend the proceedings.

(3) Where the judgment or order directs an account to be taken or inquiry made and does not otherwise provide, the account shall be taken or the inquiry made by the registrar and Order 19, rule 9(a), (d) and (e) shall apply as if there had been a reference to the registrar for inquiry and report.

(4) The person to whom a claimant is required by any advertisement to send his name and address and particulars of his claim shall be the proper officer.

(5) Where a claimant is required to make an affidavit or produce documents in support of his claim or to attend court for adjudication on the claim, the person by whom notice to that effect is to be given shall be the proper officer.

(6) The proper officer shall give to every creditor whose claim or any part thereof has been allowed or disallowed, and who did not attend when the claim was disposed of, a notice informing him of that fact.

Registrar's certificate and further consideration

3.—(1) In proceedings to which rule 2 relates it shall not be necessary for the registrar's certificate of the result of the proceedings before him to be drawn up in draft and settled by the parties unless the court so directs, but when the registrar has prepared and signed his certificate, it shall be filed and the proper officer shall fix a day for the further consideration of the proceedings and give to all parties notice of the day so fixed, accompanied by a copy of the certificate.

(2) On the day fixed under paragraph (1) any party to the proceedings under the judgment or order may apply to the judge on notice for an order discharging or varying the registrar's certificate, and the judge after hearing any such application may confirm, discharge or vary the certificate or remit it to the registrar and may make such order on the application and on the further consideration of the proceedings as may be just.