Interpleader—Jurisdiction—Order barring claim

Queen’s Bench Division, Eady J, 28 May 2010

In a case where a High Court enforcement officer who had been mistakenly executing a warrant at the interpleader claimant’s premises, and the officer sought a “no action order” pursuant to CPR 23, the issue turned on whether the interpleader claimant had suffered a “real and substantial grievance”. There is no exhaustive definition and each case will turn upon its own facts. 

Christopher Wilson (instructed by Sherwins) for the enforcement officer.
Patrick McMorrow (instructed by Evans Dodd) for the interpleader claimant.

The claimant obtained judgment against the defendant in the county court in March 2009 for the sum of £4,872.03 together with interest and costs. The judgement was transferred in April 2009 to the High Court for the purposes of execution and a writ of fi fa was issued on 6 April for the judgment sum. The writ described the address for enforcement as “unit 8” of an industrial estate