Rule 2
|
(1)
|
Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken in execution under process of the court, or to the proceeds or value of any such goods or chattels, must give notice of his claim to the sheriff charged with the execution of the process and must include in his notice a statement of his address, and that address shall be his address for service.
|
|
(2)
|
On receipt of a claim made under this rule the sheriff must forthwith give notice thereof to the execution creditor and the execution creditor must, within seven days after receiving the notice, give notice to the sheriff informing him whether he admits or disputes the claim. An execution creditor who gives notice in accordance with this paragraph admitting a claim shall only be liable to the sheriff for any fees and expenses incurred by the sheriff before receipt of that notice.
|
|
(3)
|
Where -- the sheriff receives a notice from an execution creditor under paragraph (2) disputing a claim, or the execution creditor fails, within the period mentioned in that paragraph, to give the required notice; and
- the claim made under this rule is not withdrawn, the sheriff may apply to the court for relief under this order.
|
|
(4)
|
A sheriff who receives a notice from an execution creditor under paragraph (2) admitting a claim made under this rule shall withdraw from possession of the money, goods or chattels claimed and may apply to the court for relief under this order of the following kind, that is to say, an order restraining the bringing of a claim against him for or in respect of his having taken possession of that money or those goods or chattels.
|
Rule 2A
|
(1)
|
Where a judgment debtor whose goods have been seized, or are intended to be seized, by a sheriff under a writ of execution claims that such goods are not liable to execution by virtue of section 138(3A) of the Act
(1)
, he must within 5 days of the seizure give notice in writing to the sheriff identifying all those goods in respect of which he makes such a claim and the grounds of such claim in respect of each item.
|
|
(2)
|
Upon receipt of a notice of claim under paragraph (1), the sheriff must forthwith give notice thereof to the execution creditor and to any person who has made a claim to, or in respect of, the goods under rule 2(1) and the execution creditor and any person who has made claim must, within 7 days of receipt of such notice, inform the sheriff in writing whether he admits or disputes the judgment debtors claim in respect of each item.
|
|
(3)
|
The sheriff shall withdraw from possession of any goods in respect of which the judgment debtors claim is admitted or if the execution creditor or any person claiming under rule 2(1) fails to notify him in accordance with paragraph (2) and the sheriff shall so inform the parties in writing.
|
|
(4)
|
Where the sheriff receives notice from -- the execution creditor; or
- any such person to whom notice was given under paragraph (2), that the claim or any part thereof is disputed, he must forthwith seek the directions of the court and may include therein an application for an order restraining the bringing of any claim against him for, or in respect of, his having seized any of those goods or his having failed so to do.
|
|
(5)
|
The sheriffs application for directions under paragraph (4) shall be made by an application in accordance with CPR Part 23 and, on the hearing of the application, the court may -- determine the judgment debtors claim summarily; or
- give such directions for the determination of any issue raised by such claim as may be just.
|
|
(6)
|
A Master and a district judge of a district registry shall have power to make an order of the kind referred to in paragraph (4) and the reference to Master shall be construed in accordance with rule 4.
|
Rule 3
|
(1)
|
An application for relief under this order must be made by claim form unless made in an existing claim, in which case it must be made by accordance with CPR Part 23.
|
|
(2)
|
Where the applicant is a sheriff who has withdrawn from possession of money, goods or chattels taken in execution and who is applying for relief under rule 2(4) the claim form must be served on any person who made a claim under that rule to or in respect of that money or those goods or chattels, and that person may attend the hearing of the application.
|
|
(4)
|
Subject to paragraph (5) a claim form or application notice under this rule must be supported by evidence that the applicant -- claims no interest in the subject-matter in dispute other than for charges or costs;
- does not collude with any of the claimants to that subject-matter; and
- is willing to pay or transfer that subject-matter into court or to dispose of it as the court may direct.
|
|
(5)
|
Where the applicant is a sheriff, he shall not provide such evidence as is referred to in paragraph (4) unless directed by the court to do so.
|
|
(6)
|
Any person who makes a claim under rule 2 and who is served with a claim form under this rule shall within 14 days serve on the execution creditor and the sheriff a witness statement or affidavit specifying any money and describing any goods and chattels claimed and setting out the grounds upon which such claim is based.
|
|
(7)
|
Where the applicant is a sheriff a claim form under this rule must give notice of the requirement in paragraph (6).
|
Rule 5
|
(1)
|
Where on the hearing of a claim under this order all the persons by whom adverse claims to the subject-matter in dispute (hereafter in this Order referred to as the interpleader claimants) appear, the court may order -- that any interpleader claimant be made a defendant in any claim pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this order; or
- that an issue between the interpleader claimants be stated and tried and may direct which of the interpleader claimants is to be claimant and which defendant.
|
|
(2)
|
Where -- the applicant under this order is a sheriff; or
- all the interpleader claimants consent or any of them so requests; or
- the question at issue between the interpleader claimants is a question of law and the facts are not in dispute,
the court may summarily determine the question at issue between the interpleader claimants and make an order accordingly on such terms as may be just.
|
|
(3)
|
Where an interpleader claimant, having been duly served with a claim form under this order, does not appear at the hearing or, having appeared, fails or refuses to comply with an order made in the proceedings, the court may make an order declaring the interpleader claimant, and all persons claiming under him, for ever barred from prosecuting his claim against the applicant for such relief and all persons claiming under him, but such an order shall not affect the rights of the interpleader claimants as between themselves.
|