Rule 7
|
| | (1)
| This rule applies to interpleader proceedings under
an execution which are ordered to be transferred from the High Court. |
|
| | (1A)
| In this rule references to the sheriff shall be
interpreted as including references to an individual authorised to act as an
enforcement officer under the Courts Act 2003. |
|
| | (2)
| Notice of the hearings or pre-trial review of the
proceedings shall be given by the court officer to the sheriff as well as to
every other party to the proceedings. |
|
| | (3)
| The interpleader claimant shall, within 8 days of
the receipt by him of the notice referred to in paragraph (2), file in
triplicate particulars of any goods alleged to be his property and the grounds
of his interpleader claim and the court officer shall send a copy to the
execution creditor and to the sheriff, but the judge may hear the proceedings
or, as the case may be, the district judge may proceed with the pre-trial
review, if he thinks fit, notwithstanding that the particulars have not been
filed. |
|
| | (4)
| Subject to any directions in the order of the High
Court, damages may be claimed against the execution creditor in the same manner
as in interpleader proceedings commenced in a county court. |
|
| | (5)
| On any day fixed for the pre-trial review of the
proceedings or for the hearing of any application by the sheriff or other party
for directions the court may order the sheriff –|
| | (a)
| to postpone the sale of the goods
seized; |
|
| | (b)
| to remain in possession of such goods until
the hearing of the proceedings; or |
|
| | (c)
| to hand over possession of such goods to the
district judge, |
and, where a direction is given under sub-paragraph
(c), the district judge shall be allowed reasonable charges for keeping
possession of the goods, not exceeding those which might be allowed to the
sheriff, and, if the district judge is directed to sell the goods, such charges
for the sale as would be allowed under an execution issued by the county
court. |
|
| | (6)
| No order made in the proceedings shall prejudice or
affect the rights of the sheriff to any proper charges and the judge may make
such order with respect to them as may be just. |
|
| | (7)
| The charges referred to in paragraphs (5) and (6)
shall ultimately be borne in such manner as the judge shall direct. |
|
| | (8)
| The order made at the hearing of the proceedings
shall direct how any money in the hands of the sheriff is to be disposed
of. |
|
