CPR 86 interpleader, serving application and evidence on interested third parties (Global Currency Exchange Network Limited v Osage 1 Limited)

Article summary

Dispute Resolution analysis: This decision considers a Civil Procedure Rules 1998 (CPR) Part 8 claim in the form of an interpleader application pursuant to CPR 86. CPR 86 applies where—‘(a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels—and (b) competing claims are made or expected to be made against that person in respect of that debt or money or for those goods or chattels by two or more persons.’ The claimant, Global Currency Exchange Network Limited (GCEN), being in possession of certain funds (the funds) in accounts referable to the defendant, Osage 1 Limited (Osage), sought directions as to service of its application and supporting evidence on various investors to allow them the opportunity to make legal claims to the funds. The decision examines the position taken by GCEN and Osage in relation to the funds. It considers, in...