The Court Funds Rules 1987

Disposal of unclaimed effects in court

59.—(1) Where effects have been deposited in court on or after 3rd July 1978 and have been carried over to an account of unclaimed balances under rule 57, the Accountant General may send to the court a copy of any inventory provided to him in accordance with rule 17(3) in respect of such effects when 25 years have elapsed since he received the authority for such lodgment.

(2) On receipt of an inventory sent in accordance with paragraph (1) the court may:—

(i) cause enquiries to be made whether any party to the proceedings in which the effects were deposited wishes to make any application in respect of them, or whether any other person who may have an interest in the effects can be found; and

(ii) of its own motion and without reference to any party or person (other than a party or person who may have an interest and whose whereabouts or the whereabouts of whose personal representatives are known), order the final disposal of the effects by sale, realisation or otherwise; provided that the court shall not order the destruction of any effects unless it is satisfied that they have no realisable value.

(3) For the purpose of any reference to a party or other person who may have an interest in the effects in question it shall not be necessary to revive any proceedings which may have abated or to issue any summons unless the court so directs and an order for such final disposal may be made after oral or written communication with such party or person.

(4) The amount of the net proceeds of any sale or realisation under paragraph (2) should be certified by the proper officer and placed to the credit of the unclaimed balance account in which the effects were held prior to the sale or realisation.