Stakeholder applications under CPR 86

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

  • Stakeholder applications under CPR 86
  • When do the CPR 86 stakeholder provisions apply?
  • What does ‘claim’ and ‘made or expected to be made’ under CPR 86 mean?
  • What does ‘competing claim’ mean?
  • How to make a CPR 86 stakeholder application
  • Challenging the court’s jurisdiction in a stakeholder application
  • What happens at the stakeholder application hearing?
  • What costs may be ordered in a stakeholder application?
  • Pre-6 April 2014—interpleader claims
  • Court specific guidance

Stakeholder applications under CPR 86

This 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 (interpleader): the procedure 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 caselaw may be persuasive in interpreting the new provisions.

For guidance on CPR 85 hearings, who can make them and how they are dealt with, see Practice Notes: Third party claims in respect of controlled or executed goods, Controlled and executed goods—debtor claiming goods are 'exempt goods' and Third party and debtor applications under CPR 85—hearing, costs and sanctions.

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:

  1. a person is under a liability in respect of a debt or in respect

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