NEW RULES OF COURT: COMING INTO FORCE 1st & 6th APRIL: NEW "STAKEHOLDER" RULES

Mediatelegal

The  Civil Procedure (Amendment) Rules were passed yesterday.   There is a whole mass of detail.

NEW “STAKEHOLDER” PROVISIONS

One interesting aspect is the introduction of a new CPR Part 86  new “Stakeholder” provisions. These replace the old High Court “interpleader” proceedings.  These new rules, for the most part, come into force in early April.

PART 86: THE NEW “STAKEHOLDER” RULES

PART 86
Stakeholder Claims and Applications
Contents of this Part
86.1 Scope of this Part and interpretation
86.2 Stakeholder application
86.3 Powers of the court hearing a stakeholder application
86.4 Trial of issue
86.5 Costs
Scope of this Part and interpretation
86.1.—(1) This Part contains rules which apply where—
(a) a person is under a liability in respect of a debt or in respect of any money, goods
or chattels; and
(b) competing claims are made or expected to be made against that person in respect
of that debt or money or for those goods or chattels by two or more persons.
(2) In this Part—
(a) “stakeholder” means any person to whom paragraph (1) applies;
(b) “stakeholder application” means an application made under rule 86.2(1).
Stakeholder application
86.2.—(1) A stakeholder may make an application to the court for a direction as to whom
the stakeholder should—
(a) pay a debt or money; or
(b) give any goods or chattels.
(2) Such application must be made to the court in which an existing claim is pending
against the stakeholder, or, if no claim is pending, to the court in which the stakeholder
might be sued.
(3) A stakeholder application must be made by Part 8 claim form unless made in an
existing claim, in which case it must be made by application notice in accordance with Part
23.
(4) A claim form or application notice under this rule must be supported by a witness
statement stating that the stakeholder—
(a) claims no interest in the subject-matter in dispute other than for charges or costs;
(b) does not collude with any of the claimants to that subject-matter; and
(c) is willing to pay or transfer that subject-matter into court or to dispose of it as the
court may direct.
(5) The stakeholder must serve the claim form or application notice on all other persons
who, so far as they are aware, asserts a claim to the subject matter of the stakeholder
application.
(6) A respondent who is served with a claim form or application notice under this rule
must within 14 days file at court and serve on the stakeholder a witness statement
specifying any money and describing any goods and chattels claimed and setting out the
grounds upon which such claim is based.
(7) The claim form or application notice will be referred to a Master or a District Judge.
Powers of court hearing a stakeholder application
86.3.—(1) At any hearing in a stakeholder application, the court may—
(a) order that any stakeholder or any claimant to the subject matter of the application
be made a defendant in any claim pending with respect to the subject-matter in
dispute;
(b) order that an issue between all parties be stated and tried and may direct which of
the parties is to be claimant and which defendant, and give all necessary directions
for trial;
(c) determine the stakeholder application summarily;
(d) give directions for the determination of the application summarily or of any issue
on the application; or
(e) give directions for the retention, sale or disposal of the subject matter of the
application, and for the payment of any proceeds of sale.
(2) Nothing in this rule limits the court’s case management powers to make any other
directions permissible under these Rules.
Trial of issue
86.4.—(1) Part 39 will, with the necessary modifications, apply to the trial of a
preliminary issue directed to be tried in a stakeholder application as it applies to the trial of
a claim.
(2) The court by which an issue is tried may give such judgment or make such order as
finally to dispose of all questions arising in the stakeholder application.
Costs
86.5.—(1) The court may in or for the purposes of any stakeholder application make such
order as to costs or any other matter as it thinks just.
(2) Where a respondent fails to appear at the hearing, the court may direct that the
stakeholder’s costs shall be summarily assessed.”