Legal News

Novel ruling on the implications and consequences of non-compliance with CPR Part 85 in an interpleader case (Alenezy v Shergroup Ltd)

Published on: 11 April 2022
Published by: LexisPSL
  • Novel ruling on the implications and consequences of non-compliance with CPR Part 85 in an interpleader case (Alenezy v Shergroup Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • (i) Whether Paragraph 60 of Schedule 12 of the Tribunals, Court and Enforcement Act 2007 applied and effects of the breach
  • (ii) Whether CPR 85 applied and the effect of non-compliance
  • (iii) Cost and Other Consequences
  • Case details

Article summary

Dispute Resolution analysis: In this novel case, the court considered the consequences of enforcement agents seizing a vehicle which did not belong to the judgment debtor, but where the claimant-owner of the vehicle sought for and obtained an interim mandatory injunction for the return of the vehicle rather than resorting to a CPR Part 85 application. Shaun Lee, counsel, in the dispute resolution group at Bird & Bird ATMD LLP explains the implications of the decision. or take a trial to read the full analysis.

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