MAGISTRATES COURT (CIVIL DIVISION) RULES 1998 - REG 137 Bailiff's interpleader
MAGISTRATES COURT (CIVIL DIVISION) RULES 1998 - REG 137
Bailiff's interpleader
(1) On receiving a notice from a judgment creditor admitting a claim under rule 136(4) , a bailiff may (a) withdraw from possession of the property claimed in the notice; and(b) apply to the Court for an order restraining the bringing of an action against the bailiff for or in respect of the bailiff having taken possession of that property.(2) A bailiff may apply to the Court for relief by way of interpleader (a) on receipt of a notice from a judgment creditor disputing a claim; or(b) if the judgment creditor fails to give notice to the bailiff under rule 136(4) within the period specified in that subrule.(3) A judgment creditor who admits a claim is only liable to a bailiff for any costs, fees and expenses the bailiff incurs before receipt of the notice admitting the claim.(4) A bailiff's claim for costs, fees and expenses is not an interest in the property for the purpose of interpleader proceedings.