County Court Rules (Northern Ireland) 1981

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.