On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 01/05/2013.
ORDER 17
INTERPLEADER
1. Where —
(a)
the person seeking relief is under liability for any debt, money or goods or chattels, for or in respect of which he has been or expects to be, sued by 2 or more parties making adverse claims thereon; or
(b)
the Sheriff or other officer of the Court is charged with the execution of process of the Court, and claim is made to any money or goods or chattels taken or intended to be taken in execution under any process, or to the proceeds or value of any such goods or chattels by any person other than the person against whom the process is issued, and to order the sale of any property subject to interpleader proceedings,
the person under liability or (subject to Rule 2) the Sheriff, may apply to the Court for relief by way of interpleader.
2.
—(1) Any person making a claim to or in respect of any money, goods or other movable property taken or intended to be taken in execution under process of the Court, or to the proceeds or value of any such goods or property, must give notice of his claim in Form 22 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 in Form 23 to the execution creditor and the execution creditor must, within 4 days after receiving the notice, give notice in Form 24 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 —
(a)
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
(b)
the claim under this Rule is not withdrawn,
the Sheriff may apply to the Court for relief under this Order.
(4) The Sheriff who receives a notice from an execution creditor under paragraph (2) admitting a claim under this Rule shall withdraw from possession of the money, goods or other movable property claimed.
3.
—(1) An application for relief under this Order must be made by originating summons unless made in a pending action, in which case it must be made by summons in the action in one of the forms in Form 27.
(2) [Deleted by S 806/2005]
(3) Subject to paragraph (4), an originating summons or a summons under this Rule filed by the Sheriff or a person under liability must be supported by a statement in Form 25 or an affidavit in Form 26, as the case may be, stating that the applicant —
(a)
claims no interest in the subject-matter in dispute other than for charges or costs;
(b)
does not collude with any of the claimants to that subject-matter; and
(c)
is willing to pay or transfer that subject-matter into Court or to dispose of it as the Court may direct.
(4) Where the applicant is the Sheriff, he shall not be required to file a statement in Form 25 unless the Court so directs.
4.
—(1) Unless the Court otherwise orders, the originating summons or an interpleader summons filed under Rule 3 must be served at least 7 days before the return day.
(1A) The originating summons referred to in paragraph (1) must be served personally.
(1B) The interpleader summons referred to in paragraph (1) need not be served personally unless ordered by the Court.
5.
—(1) Where on the hearing of an originating summons or a summons under this Order all the persons by whom adverse claims to the subject-matter in dispute (referred to in this Order as the claimants) appear, the Court may order —
(a)
that any claimant be made a defendant in any action pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this Order; or
(b)
that an issue between the claimants be stated and tried and may direct which of the claimants is to be plaintiff and which defendant.
(2) Where —
(a)
the applicant in an originating summons or a summons under this Order is the Sheriff;
(b)
all the claimants consent or any of them so requests; or
(c)
the question at issue between the claimants is a question of law and the facts are not in dispute,
the Court may summarily determine the question at issue between the claimants and make an order accordingly on such terms as may be just.
(3) Where a claimant, having been duly served with an originating summons or a summons for relief under this Order, does not appear on 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 claimant, and all persons claiming under him, forever 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 claimants as between themselves.
6. Where an application for relief under this Order is made by the Sheriff who has taken possession of any goods or other movable property in execution under any process, and a claimant alleges that he is entitled, under a bill of sale or otherwise, to the goods or property by way of security for debt, the Court may order those goods or property or any part thereof to be sold and may direct that the proceeds of sale be applied in such manner and on such terms as may be just and as may be specified in the order.
7. Where a defendant to an action applies for relief under this Order in the action, the Court may by order stay all further proceedings in the action.
8. Subject to Rules 1 to 7, the Court may in or for the purposes of any interpleader proceedings make such order as to costs or any other matter as it thinks just.
9. Where the Court considers it necessary or expedient to make an order in any interpleader proceedings in several causes or matters pending before different Judges, the Court may make such an order; and the order shall be entitled in all those causes or matters and shall be binding on all the parties to them.
10. Orders 24, 26 and 26A shall apply, with the necessary modifications, in relation to an interpleader issue as they apply in relation to any other cause or matter.
11.
—(1) Order 35 shall apply, with the necessary modifications, to the trial of an interpleader issue as it applies to the trial of an action.
(2) The Court by whom an interpleader issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the interpleader proceedings.
(3) The judgment must be in one of the forms in Form 28.