The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 17 lNTERPLEADER

Entitlement to relief by way of interpleader

1.  Where a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto, he may apply to the Court for relief by way of interpleader.

[E.r. 1]

Mode of application

2.—(1) An application for relief under this Order must be made by originating summons unless made in a pending action, in which case it must be made by summons in the action.

(2) No appearance need be entered to an originating summons under this rule.

(3) A summons under this rule must be supported by evidence that the applicant—

(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.

[E.r. 3]

Powers of Court hearing summons

3.—(1) Where on the hearing of a summons under this Order all the persons by whom adverse claims to the subject-matter in dispute (hereafter in this Order referred to as “ the claimants”) appear, the Court may order—

(a) that any claimant be made a defendant in any action pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this Order, or

(b) that an issue between the claimants be stated and tried and may direct which of the claimants is to be plaintiff and which defendant.

(2) Where—

(a) all the claimants consent or any of them so requests, or

(b) the question at issue between the claimants is a question of law and the facts are not in dispute,

the Court may summarily determine the question at issue between the claimants and make an order accordingly on such terms as may be just.

(3) Where a claimant, having been duly served with a summons for relief under this Order, does not appear on the hearing of the summons or, having appeared, fails or refuses to comply with an order made in the proceedings, the Court may make an order declaring the claimant, and all persons claiming under him, for ever barred from prosecuting his claim against the applicant for such relief and all persons claiming under him, but such an order shall not affect the rights of the claimants as between themselves.

[E.r. 5]

Power to stay proceedings

4.  Where a defendant to an action applies for relief under this Order in the action, the Court may by order stay all further proceedings in the action.

[E.r. 7]

Other powers

5.  Subject to the foregoing rules of this Order, the Court may in or for the purpose of any interpleader, proceedings make such order as to costs or any other matter as it thinks just.

[E.r. 8]

One order in several causes or matters

6.  Where the Court considers it necessary or expedient to make an order in any interpleader proceedings in several pending causes or matters pending in any Division, the Court may make such, an order, and the, order shall be entitled in all those causes or matters and shall be binding on all the parties to them.

[E.r. 9]

Discovery

7.  Orders 24 and 26 shall, with the necessary modifications, apply in relation to an interpleader issue as they apply in relation to any other cause or matter.

[E.r. 10]

Trial of interpleader issue

8.—(1) Order 35 shall, with the necessary modifications; apply to the trial of an interpleader issue as it applies to the trial of an action.

(2) The Court by whom an interpleader issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the interpleader proceedings.

[E.r. 11]