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SCHEDULE 2E+W

Modifications etc. (not altering text)

Commencement Information

I1Sch. 2 in force at 26.4.1999, see Signature

CCR ORDER 33E+WINTERPLEADER PROCEEDINGS

Issue of interpleader proceedingsE+W

Rule 4—(1) Where the execution creditor gives notice under rule 2 (1) disputing an interpleader claim made under rule 1 or fails, within the period mentioned in rule 2 (1), to give the notice required by that rule, the district judge shall, unless the interpleader claim is withdrawn, issue an interpleader notice to the execution creditor and the interpleader claimant.

(2) On the issue of an interpleader notice under paragraph (1) the court officer shall enter the proceedings in the records of the court, fix a day for the hearing by the judge and prepare sufficient copies of the notice for service under this rule.

(3) Subject to paragraph (4) the notice shall be served on the execution creditor and the interpleader claimant in the manner [F1set out in CPR rule [F26.20]].

(4) Service shall be effected not less than 14 days before the return day.

Textual Amendments

F2Word in Sch. 2 CCR Order 33 rule 4(3) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 43