Jurisdiction(s):
United Kingdom

Key definition

Representation definition

What does Representation mean? A representation is a pre‑contractual statement of existing fact or law made to persuade the other party to enter a contract; it is not, without more, a contractual term. If false, it may amount to misrepresentation, giving remedies such as rescission and/or damages. Liability turns on type: fraudulent misrepresentation (tort of deceit; in Scotland, delict), negligent misrepresentation (including statutory negligence in England & Wales under the Misrepresentation Act 1967 and similar provision in Northern Ireland; in Scotland and Ireland, principally common law/negligent misstatement), and innocent misrepresentation (with the court’s discretion to award damages in lieu of rescission). Inducement and reliance are...

Representation orders in pensions litigation under CPR 19.9 and Part 64: appointment, scope, duties, costs and settlements (England and Wales)

Published by a LexisNexis Pensions expert

Practice notes

Pensions disputes are frequently intricate and expensive, drawing in multiple participants, throwing up a wide range of questions and, in the end, dealing with very large sums. The result can bear upon the rights and interests of scheme members. Because many schemes have large memberships, and different groups may have competing interests in the outcome, it is generally impractical to join every member. In practice, representative beneficiaries (‘rep bens’) are used as a procedural and pragmatic device to simplify pensions litigation and are a routine element of most claims. That label can mislead, since individuals who are neither within the represented class nor beneficiaries at all may act in that representative role. This Practice Note addresses the making of representation orders in pensions litigation...

What is a representative party?

The representative rule originated in the procedure of the Court of Chancery before the Supreme Court of Judicature Act 1873, and is now contained in rules 19.8 and 19.9 of the Civil Procedure Rules (CPR). Note that those provisions...

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Oliver Hilton

Radcliffe Chambers

Oliver enjoys a busy and thriving traditional and commercial Chancery practice. His expertise is in trusts, wills and estates, with a particular focus on succession and property disputes, pensions and charities. He has substantial experience in dealing with a broad range of administration issues.As well as non-contentious drafting and advisory work, Oliver has a strong litigation practice: he appears regularly in the High Court, including in large scale, complex, high profile cases; he has acted on numerous occasions before the Court of Appeal; and he has considerable experience representing clients at mediations. Oliver is equally at home acting as sole counsel or being led, and he particularly enjoys working as part of a wider team.Experience and ExpertiseOliver specialises in trusts, estates and property disputes, especially contentious probate, breach of fiduciary duties, setting aside lifetime transactions, Inheritance (Provision for Family and...

Web page updated on 21/05/2026

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