[F1Further consideration of the applicationE+W
72.8—(1) If the judgment debtor or the third party objects to the court making a final third party debt order, he must file and serve written evidence stating the grounds for his objections.
(2) If the judgment debtor or the third party knows or believes that a person other than the judgment debtor has any claim to the money specified in the interim order, he must file and serve written evidence stating his knowledge of that matter.
(3) If—
(a)the third party has given notice under rule 72.6 that he does not owe any money to the judgment debtor, or that the amount which he owes is less than the amount specified in the interim order; and
(b)the judgment creditor wishes to dispute this,
the judgment creditor must file and serve written evidence setting out the grounds on which he disputes the third party’s case.
(4) Written evidence under paragraphs (1), (2) or (3) must be filed and served on each other party as soon as possible, and in any event not less than 3 days before the hearing.
(5) If the court is notified that some person other than the judgment debtor may have a claim to the money specified in the interim order, it will serve on that person notice of the application and the hearing.
(6) At the hearing the court may—
(a)make a final third party debt order;
(b)discharge the interim third party debt order and dismiss the application;
(c)decide any issues in dispute between the parties, or between any of the parties and any other person who has a claim to the money specified in the interim order; or
(d)direct a trial of any such issues, and if necessary give directions.]
Textual Amendments
F1Pt. 72 inserted (25.3.2002) by The Civil Procedure (Amendment No. 4) Rules 2001 (S.I. 2001/2792), rule 1(c), Sch. 3 (with savings in rule 24 and S.I. 2001/4015, rule 43(2))
Modifications etc. (not altering text)
C1Pt. 72 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 184(a)