Rule 84.15 Application where there is a dispute regarding a co-owner’s share of proceedsF1

(1)

This rule applies to an application under regulation 15 of the Fees Regulations to determine the amount of the proceeds payable to a co-owner.

(2)

The applicant must file with the application—

(a)

evidence of the enforcement power;

(b)

a copy of the itemised list of goods sold or otherwise disposed of required by regulation 14(1)(a) of the Fees Regulations;

(c)

a copy of the statement of the sum received in relation to each item required by regulation 14(1)(b)(i) of the Fees Regulations;

(d)

a copy of the statement of the proceeds required by regulation 14(1)(b)(ii) of the Fees Regulations;

(e)

a copy of the statement of the application of the proceeds required by regulation 14(1)(b)(iii) of the Fees Regulations;

(f)

evidence that the share of proceeds paid to the co-owner was not proportionate to the co-owner’s interest in the goods sold.

(3)

The applicant must serve a copy of the application notice in accordance with table 1.

Table 1

Applicant	Those to be served with a copy of the application notice
Co-owner	Any other co-owners; creditor; debtor; enforcement agent
Creditor	Co-owners; debtor; enforcement agent
Debtor	Co-owners; creditor; enforcement agent
Enforcement agent	Co-owners; creditor; debtor

Annotations

F1: Pt. 84 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)

C1: Pt. 84 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(f), 24.6(1)