Controlled and executed goods—debtor claiming goods are 'exempt goods'
Controlled and executed goods—debtor claiming goods are 'exempt goods'

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Controlled and executed goods—debtor claiming goods are 'exempt goods'
  • When does CPR 85 apply to debtor applicants?
  • Notification by debtor challenging control/execution on basis goods are exempt
  • Creditor admits the debtor's claim to exempt goods
  • Creditor/any other claimant disputes debtor's claim to exempt goods
  • How is a disputed claim to exempt goods dealt with?

This Practice Note considers how a debtor whose goods have been taken control of or executed against can bring an application claiming that the goods in question are exempt from such enforcement processes. The relevant rules for the making of such an exemption application are set out in CPR 85 which came into force on 6 April 2014 and replaces the previous RSC Ord 17 and CCR Ord 33 regime in relation to interpleader claims.

For guidance on CPR 85 application hearings and costs and the sanction for non-appearance at a CPR 85 hearing, see Practice Note: Third party and debtor applications under CPR 85—hearing, costs and sanctions.

For guidance on when a third party can make a claim in respect of goods which have been executed against or taken control of as part of an enforcement process against a judgment debtor, see Practice Note: Third party claims in respect of controlled or executed goods.

For guidance on when a debtor can seek the court's direction under CPR 86 as to who to pay/satisfy where there are competing claims against him, see Practice Note: Stakeholder applications under CPR 86.

When does CPR 85 apply to debtor applicants?

A debtor, whose goods have been made subject to an enforcement power under an enactment, writ or warrant of control or have been taken or are