The County Court Rules 1981

ORDER 33 INTERPLEADER PROCEEDINGS

PART I UNDER EXECUTION

Notice of claim

1.—(1) Any person making a claim to or in respect of goods seized in execution or the proceeds or value thereof 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 claim or, in the case of a claim for rent, the particulars required by section 137(2) of the Act, and

(b) the claimant's full name and address, which shall be his address for service.

(2) On receipt of a claim made under this rule, the proper officer shall—

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

(b) except where the claim is to the proceeds or value of the goods, send to the claimant a notice requiring him to make a deposit or give security in accordance with section 135 of the Act.

Reply to claim

2.—(1) Within 4 days after receiving notice of a claim under rule 1(2) the execution creditor shall give notice to the proper officer informing him whether he admits or disputes the claim or requests the registrar to withdraw from possession of the goods or money claimed.

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

Order protecting registrar

3.  Where the execution creditor gives the proper officer such a notice as is mentioned in rule 2(2), the registrar shall withdraw from possession of the goods or money claimed and may apply to the judge, on notice to the claimant, for an order restraining the bringing of an action against the registrar 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

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the period mentioned in rule 2(1), to give the notice required by that rule, the registrar shall, unless the claim is withdrawn, issue an interpleader summons to the execution creditor and the claimant.

(2) On the issue of an interpleader summons under paragraph (1) the proper 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 summons for service under this rule.

(3) Subject to paragraph (4), the summons shall be served on the execution creditor and the claimant in the same manner as a fixed date summons.

(4) Without prejudice to Order 13, rule 4, service shall be effected not less than 14 days before the return day.

Claim for damages

5.  Where in interpleader proceedings under an execution the claimant claims from the execution creditor or the registrar, or the execution creditor claims from the registrar, damages arising or capable of arising out of the execution—

(a) the party claiming damages shall, within 8 days after service of the summons on him, give notice of his claim to the proper officer 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 an action brought by the person making the claim.

PART II OTHERWISE THAN UNDER EXECUTION

Application for relief

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 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 action is pending against the applicant or, if no action is pending against him, to the court in which he might be sued.

(3) The application shall be made by filing an 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 claimants,

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

(d) except where the applicant is a defendant in a pending action, the subject matter does not exceed in value the sum for the time being mentioned in section 39 of the Act,

together with as many copies of the affidavit as there are claimants.

Relief in pending action

7.  Where the applicant is a defendant in a pending action—

(a) the affidavit and copies required by rule 6(3) shall be filed within 14 days after service on him of the summons in the action;

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

(c) the claimant, the applicant and the plaintiff in the action shall be given notice of the application, which shall be prepared by the proper officer together with sufficient copies for service;

(d) the notice to the claimant shall be served on him, together with a copy of the affidavit filed under rule 6(3) and of the summons and particulars of claim in the action, not less than 21 days before the return day in the same manner as a fixed date summons;

(e) the notices to the applicant and the plaintiff shall be sent to them by the proper officer and the notice to the plaintiff shall be accompanied by a copy of the said affidavit.

Relief otherwise than in pending action

8.  Where the applicant is not a defendant in a pending action—

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

(b) the proper officer 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 summons, together with sufficient copies for service;

(c) the summons, together with a copy of the 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 a fixed date summons; and

(d) the proper officer shall deliver or send a plaint note to the applicant.

Payment into court etc

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

Reply by claimant

10.—(1) A claimant shall, within 14 days after service on him of the notice under rule 7(c) or the summons under rule 8(c), file—

(a) a notice that he makes no claim, or

(b) particulars stating the grounds of his claim to the subject matter, together in either case with sufficient copies for service under paragraph (2).

(2) The proper officer 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 claim etc

11.—(1) Where a 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 claim.

(2) If, where the applicant is a defendant in a pending action, the plaintiff does not appear on any day fixed for a pre-trial review or the hearing of the interpleader proceedings, the action 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 claim of a claimant, the order shall declare the claimant, and all persons claiming under him, for ever barred from prosecuting his claim against the applicant and all persons claiming under him, but unless the claimant has filed a notice under rule 10 that he makes no claim, such an order shall not affect the rights of the claimants as between themselves.

Relief in pending matter

12.  The provisions of this Part of this Order relating to an application for interpleader relief by the defendant to an action shall apply with the necessary modifications to an application for such relief by the respondent to a matter.