Small Claims Tribunals Act · 2024 Revised Edition · Part · Procedure
29. Representative claims
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), if two or more persons have claims against the same defendant, such claims may be brought in the name of one of such persons as the representative of some or all of them.
defendant
“defendant” means any person against whom a claim is made by a claimant other than — (a) a claimant against whom relief is sought by way of counterclaim; and (b) a person who is being represented in a representative claim;
The tribunal may, if at any stage of the proceedings it considers that a representative claim may prejudice the defendant, order that the claims of all or any of the persons represented shall be heard separately.
Each person represented in a representative claim is deemed to have authorised the representative on his behalf to —
representative claim
“representative claim” means a claim brought in the name of one claimant on behalf of himself and one or more other claimants under section 29;
call and give evidence and make submissions to a tribunal on any matter arising during the hearing of the claim;
file affidavits, statements or other documents;
agree to an adjournment or change of venue;
agree to a settlement of the claim on such terms as he thinks fit;
amend or abandon the claim; and
act generally in as full and free a manner as such claimant may act on his own behalf.
The authority deemed to be given to a representative by subsection (3) shall not be withdrawn except by leave of the tribunal.
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A tribunal may, at any time before determining any claim, grant leave to any person to join in the claim as a person represented on such terms as it may think fit.
claim
“claim” means a claim filed with a tribunal under section 15 and includes a proceeding in the tribunal between a claimant and a defendant;
A tribunal may cause public notice to be given, in such manner as it may think fit, of the particulars of a representative claim which has been filed and of the date and place fixed for the hearing of the claim.
Terms defined in s 2
claim
Defined · s 2“claim” means a claim filed with a tribunal under section 15 and includes a proceeding in the tribunal between a claimant and a defendant;
claimant
Defined · s 2“claimant” means a person who files a claim with a tribunal other than — (a) a defendant entering a counterclaim; and (b) a person who is being represented in a representative claim;
defendant
Defined · s 2“defendant” means any person against whom a claim is made by a claimant other than — (a) a claimant against whom relief is sought by way of counterclaim; and (b) a person who is being represented in a representative claim;
representative claim
Defined · s 2“representative claim” means a claim brought in the name of one claimant on behalf of himself and one or more other claimants under section 29;