County Court Rules (Northern Ireland) 1981

ORDER 10 Interpleader proceedings

Application for relief

1.—(1) Where a person (in this Order called “ the applicant”) is under a liability for any debt or other thing in action, money or goods for or in respect of which he is or expects to be sued by two or more persons (in this Part called “the claimants”) making adverse claim thereto, he may apply to the court for relief by way of interpleader.

(2) The application shall be made to the court in which the applicant is sued or, if he has not been sued, to the court in which he might be sued.

(3) The applicant shall serve on each of the claimants a summons in Form 44 or Form 45 as appropriate together with an affidavit showing that—

(a) he claims no interest in the subject-matter in dispute other than for charges or costs; and

(b) he does not collude with any of the claimants; and

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

(d) except where the applicant is a defendant, the subject-matter does not exceed in value the amount for which the court has jurisdiction;

but, where a claimant has commenced proceedings against the applicant in respect of his claim, a notice in Form 46 in lieu of a summons as aforesaid shall be served on that claimant.

(4) Subject to paragraph (5) the summons shall be served, entered, heard and determined as if it were an ordinary civil bill.

(5) Where the applicant is a defendant the affidavit and summons or notice shall be served within seven days from the date of the service of the civil bill on him.

(6) A claimant may within six days from the day on which the summons and affidavit are served on him, send a notice to the applicant that he has no claim to the subject-matter in dispute.

Claimants having adverse titles

2.  The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin but are adverse to and independent of each other.

Hearing

3.—(1) On the hearing of the proceedings—

(a) where the applicant is a defendant—

(i) if the plaintiff does not appear, the action including the interpleader proceedings shall be struck out; or

(ii) if the claimant does not appear, the judge shall hear and determine the action as between the plaintiff and the defendant and may make art order barring the claim of the claimant; or

(iii) if both the plaintiff and the claimant appear, the judge shall, whether the defendant appears or not, hear the proceedings and give judgment finally determining the rights and claims of all parties; or

(b) where the applicant is not a defendant—

(i) if any claimant does not appear, the judge shall make an order finally determining the claim as between the applicant and any claimant who appears and may make an order barring the claim of the absent claimant; or

(ii) if all the claimants appear, the judge shall, whether the applicant appears or not, hear the proceedings and make an order finally determining the rights and claims of all parties.

(2) An order in Form 47 or Form 48 barring the claim of a claimant shall declare the claimant and all persons claiming under him to be for ever barred as against the defendant or applicant and all persons claiming under him, and also (where the claimant has sent a notice to the applicant that he makes no claim) as against the plaintiff or the other claimant and all persons claiming under him.

(3) Where the claimant has not sent a notice to the applicant that he has no claim, an order barring the claim shall not affect the rights of that claimant and the plaintiff or another claimant as between themselves.