27

In RSC Order 17–

a

rule 8 shall stand as paragraph (1) of rule 8; and

b

after rule 8(1), insert–

2

Where the interpleader claimant fails to appear at the hearing, the Court may direct that the sheriff’s and execution creditor’s costs shall be assessed by a master or, where the hearing was heard in a district registry, by a district judge of that registry and the following CPR rules shall apply–

a

44.4 (basis of assessment);

b

44.5 (factors to be taken into account in deciding the amount of costs);

c

48.4 (limitations on court’s power to award costs in favour of trustee or personal representative); and

d

48.6 (litigants in person).

3

Where the claim in question is proceeding in the Admiralty Court or the Family Division, references in this rule to a Master shall be construed as references to the Admiralty Registrar or to a Registrar of that Division.