CCR ORDER 33 - INTERPLEADER PROCEEDINGS

CCR ORDER 33 INTERPLEADER PROCEEDINGS

Contents of this Order
Title	Number
Part I – Under Execution
Notice of claim	Rule 1
Reply to interpleader claim	Rule 2
Order protecting district judge	Rule 3
Issue of interpleader proceedings	Rule 4
Claim for damages	Rule 5
Part II Otherwise than under Execution
Application for relief	Rule 6
Relief in pending claim	Rule 7
Relief otherwise than in pending claim	Rule 8
Payment into court etc.	Rule 9
Reply by interpleader claimant	Rule 10
Order barring interpleader claim etc.	Rule 11

Part I – Under Execution

Notice of claim

Rule 1


(A1)	In this Part of this order ‘the interpleader claimant’ means any person making a claim to or in respect of goods seized in execution or the proceeds or value thereof and ‘the interpleader claim’ means that claim.

(1)

The interpleader claimant shall deliver to the bailiff holding the warrant of execution, or file in the office of the court for the district in which the goods were seized, notice of his claim stating –


(a)	the grounds of the interpleader claim or, in the case of a claim for rent, the particulars required by section 102(2) of the Act; and


(b)	the interpleader claimant’s full name and address.

(2)

On receipt of an interpleader claim made under this rule, the court shall –


(a)	send notice thereof to the execution creditor; and


(b)	except where the interpleader claim is to the proceeds or value of the goods, send to the interpleader claimant a notice requiring him to make a deposit or give security in accordance with section 100 of the Act.

Reply to interpleader claim

Rule 2


(1)	Within 4 days after receiving notice of an interpleader claim under rule 1(2) the execution creditor shall give notice to the court informing him whether he admits or disputes the interpleader claim or requests the district judge to withdraw from possession of the goods or money claimed.


(2)	If, within the period aforesaid, the execution creditor gives notice to the court admitting the interpleader claim or requesting the district judge to withdraw from possession of the goods or money claimed, the execution creditor shall not be liable to the district judge for any fees or expenses incurred after receipt of the notice.

Order protecting district judge

Rule 3

Where the execution creditor gives the court such a notice as is mentioned in rule 2(2), the district judge shall withdraw from possession of the goods or money claimed and may apply to the judge, on notice to the interpleader claimant, for an order restraining the bringing of a claim against the district judge for or in respect of his having taken possession of the goods or money and on the hearing of the application the judge may make such order as may be just.

Issue of interpleader proceedings

Rule 4


(1)	Where the execution creditor gives notice under rule 2(1) disputing an interpleader claim made under rule 1 or fails, within the period mentioned in rule 2(1), to give the notice required by that rule, the district judge shall, unless the interpleader claim is withdrawn, issue an interpleader notice to the execution creditor and the interpleader claimant.


(2)	On the issue of an interpleader notice under paragraph (1) the court officer shall enter the proceedings in the records of the court, fix a day for the hearing by the judge and prepare sufficient copies of the notice for service under this rule.


(3)	Subject to paragraph (4) the notice shall be served on the execution creditor and the interpleader claimant in the manner set out in CPR rule 6.20.


(4)	Service shall be effected not less than 14 days before the return day.

Claim for damages

Rule 5

Where in interpleader proceedings under an execution the interpleader claimant claims from the execution creditor or the district judge, or the execution creditor claims from the district judge, damages arising or capable of arising out of the execution –

(a) the party claiming damages shall, within 8 days after service of the notice on him under rule 4(3), give notice of this claim to the court and to any other party against whom the claim is made, stating the amount and the grounds of the claim; and

(b) the party from whom damages are claimed may pay money into court in satisfaction of the claim as if the interpleader proceedings were a claim brought in accordance with CPR Part 7 by the person making the claim.

Part II Otherwise than under Execution

Application for relief

Rule 6


(1)	Where a person (in this Part of this order called ‘the applicant’) is under a liability in respect of a debt or any money or goods and he is, or expects to be, sued for or in respect of the debt, money or goods by two or more persons making adverse claims thereto (‘the interpleader claimants’), he may apply to the court, in accordance with these rules, for relief by way of interpleader.


(2)	The application shall be made to the court in which the claim is pending against the applicant or, if no claim is pending against him, to the court in which he might be sued.

(3)

The application shall be made by filing a witness statement or affidavit showing that –


(a)	the applicant claims no interest in the subject-matter in dispute other than for charges or costs;


(b)	the applicant does not collude with any of the interpleader claimants; and


(c)	the applicant is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct,

together with as many copies of the witness statement or affidavit as there are interpleader claimants.

Relief in pending claim

Rule 7

Where the applicant is a defendant in a pending claim –

(a)   the witness statement or affidavit and copies required by rule 6(3) shall be filed within 14 days after service on him of the claim form;

(b)   the return day of the application shall be a day fixed for the pre-trial review of the claim including the interpleader proceedings and, if a day has already been fixed for the pre-trial review or hearing of the claim, the court shall, if necessary, postpone it;

(c)   the interpleader claimant, the applicant and the claimant in the claim shall be given notice of the application, which shall be prepared by the court together with sufficient copies for service;

(d)   the notice to the interpleader claimant shall be served on him, together with a copy of the witness statement or affidavit filed under rule 6(3) and of the claim form and particulars of claim in the claim, not less than 21 days before the return day in the same manner as an interpleader notice in accordance with rule 4(3);

(e)   the notices to the applicant and the claimant shall be sent to them by the court and the notice to the claimant shall be accompanied by a copy of the said witness statement or affidavit.

Relief otherwise than in pending claim

Rule 8

Where the applicant is not a defendant in a pending claim –

(a)   the court shall enter the proceedings in the records of the court;

(b)   the court shall fix a day for the pre-trial review or, if the court so directs, a day for the hearing of the proceedings and shall prepare and issue an interpleader notice, together with sufficient copies for service;

(c)   the notice together with a copy of the witness statement or affidavit filed under rule 6(3), shall be served on each of the claimants not less than 21 days before the return day in the same manner as an interpleader notice to be served under rule 4(3); and

(d)   the court shall deliver or send a notice of issue to the applicant.

Payment into court etc.

Rule 9

Before or after the court officer proceeds under rule 7 or 8 the district judge may direct the applicant to bring the subject-matter of the proceedings into court, or to dispose of it in such manner as the district judge thinks fit, to abide the order of the court.

Reply by interpleader claimant

Rule 10

(1)

An interpleader claimant shall, within 14 days after service on him of the notice under rule 7(c) or the interpleader notice under rule 8(c), file –


(a)	a notice that he makes no interpleader claim; or


(b)	particulars stating the grounds of his interpleader claim to the subject-matter,

together in either case with sufficient copies for service under paragraph (2).


(2)	The court shall send to each of the other parties a copy of any notice or particulars filed under paragraph (1).


(3)	The court may, if it thinks fit, hear the proceedings although no notice or particulars have been filed.

Order barring interpleader claim etc.

Rule 11


(1)	Where an interpleader claimant does not appear on any day fixed for a pre-trial review or the hearing of interpleader proceedings, or fails or refuses to comply with an order made in the proceedings, the court may make an order barring his interpleader claim.


(2)	If, where the applicant is a defendant in a pending claim, the claimant does not appear on any day fixed for a pre-trial review or the hearing of the interpleader proceedings, the claim including the interpleader proceedings may be struck out.


(3)	In any other case where a day is fixed for the hearing of interpleader proceedings, the court shall hear and determine the proceedings and give judgment finally determining the rights and claims of the parties.

(4)

Where the court makes an order barring the interpleader claim of an interpleader claimant, the order shall declare the interpleader claimant, and all persons claiming under him, forever barred from prosecuting his interpleader claim against the applicant and all persons claiming under him, but unless the interpleader claimant has filed a notice under rule 10 that he makes no interpleader claim, such an order shall not affect the rights of the interpleader claimants as between themselves.