Third party and debtor applications under CPR 85—hearing, costs and sanctions
Third party and debtor applications under CPR 85—hearing, costs and sanctions

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

  • Third party and debtor applications under CPR 85—hearing, costs and sanctions
  • Directions and determination of CPR 85 claims
  • Sanction for failure to attend a CPR 85 hearing/comply with order made at such hearing
  • Costs in CPR 85 applications

This Practice Note considers what can happen at a CPR 85 hearing at which a debtor’s claim to exempt goods or a third party’s claim to controlled or executed goods, all brought under CPR 85 (replacing the interpleader regime under RSC Ord 17 and CCR Ord 33), are heard. It considers the directions that may be made at such hearing, trial of preliminary issue and costs and the particular sanction for non-appearance at a CPR 85 hearing.

For guidance on when a debtor can challenge executed or controlled goods on the basis that such goods are exempt, see Practice Note: Controlled and executed goods—debtor claiming goods are 'exempt goods'.

For guidance on when a third party can challenge executed or controlled goods on the basis that they own the goods which have been controlled or executed against, see Practice Note: Third party claims in respect of controlled or executed goods.

Directions and determination of CPR 85 claims

The provisions regarding the directions and determination of CPR 85 claims and matters regarding trial of any issue are set out at CPR 85.10–11.

At any hearing of any CPR 85 application, the court may:

  1. determine an application summarily

  2. giv