Stakeholder applications under CPR 86
Published by a LexisNexis Dispute Resolution expert
Practice notesStakeholder applications under CPR 86
Published by a LexisNexis Dispute Resolution expert
Practice notesThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.
This Practice Note considers stakeholder applications where a person under a liability to two or more parties can apply to court under CPR 86 for directions as to which party to pay or give goods or assets too. CPR 86 came into force on 6 April 2014 replacing the old RSC and CCR provisions, although pre 6 April 2014 case law may be persuasive in interpreting the new provisions.
Where the stakeholder is subject to such competing claims then they can make an application to court under CPR 86.2 for a direction as to whom they should pay a debt or money or give any goods or chattels.
When do the CPR 86 stakeholder provisions apply?
CPR 86 applies where (CPR 86.1(1)):
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a person is under a liability in respect of a debt or in respect of any money,
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