Page 1160 - IOM Law Society Rules Book

RULES OF THE HIGH COURT OF JUSTICE

(6) In giving directions under this rule the court’s first concern shall be to ensure
that —
(a) the issues between the parties are identified, and
(b) the necessary evidence is prepared and disclosed.

CHAPTER 3: INTERPLEADER

13.10 Right to interplead (RSC 17.1)
Where —
(a) a person —
(i) is under a liability in respect of a debt or in respect of any money or
goods, and

(ii) is, or expects to be, sued for or in respect of that debt or money or
those goods by 2 or more persons making adverse claims to it or
them; or
(b) claim is made to any money or goods taken or intended to be taken by a
coroner in execution, or to the proceeds or value of any such goods, by a
person other than the person against whom the execution is granted,
the person under liability as mentioned in paragraph (a) or (subject to rule 13.11) the coroner
may apply to the court for relief by way of interpleader.

13.11 Claim to goods etc. taken in execution (RSC 17.2)
(1) Any person making a claim to or in respect of any money or goods taken or
intended to be taken in execution, or to the proceeds or value of any such goods, must —
(a) give notice of his claim to the coroner charged with the execution, and
(b) include in his notice a statement of his address for service.
(2) On receipt of a claim under this rule the coroner must forthwith give notice of
it to the judgment creditor, who must, within 7 days after receiving the notice, give notice to
the coroner informing him whether he admits or disputes the claim.
(3) Where —
(a) a judgment creditor —
(i) gives notice disputing a claim in accordance with paragraph (2), or
(ii) fails within the period mentioned in that paragraph to give notice
admitting or disputing the claim, and
(b) the claim under this rule is not withdrawn,

the coroner may apply to the court under rule 13.10.
(4) Where a judgment creditor gives notice admitting a claim in accordance with
paragraph (2) —
(a) the judgment creditor is only liable to the coroner for fees and expenses
incurred by the coroner before receipt of the notice; and
(b) the coroner —
(i) must withdraw from possession of the money or goods claimed, and
(ii) may apply to the court for an order restraining the bringing of a claim
against him having taken possession of the money or goods.

13.12 Claim in respect of goods protected from arrest (RSC 17.2A)
(1) Where a judgment debtor whose goods have been arrested, or are intended to
be arrested, by a coroner claims that the goods are not liable to execution by virtue of

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