Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day”

Advocates

Access all documents on Multiplepoinding

Multiplepoinding meaning

What does Multiplepoinding mean?
In Scots law, multiplepoinding is the court process used when two or more claimants assert competing rights to the same fund or property. The stakeholder (holder of the fund in medio) raises the action, consigns or pays the fund into court, cites all potential claimants, and seeks determination of entitlement and exoneration from further liability. The court then ranks and prefers the competing claims according to applicable priorities (for example, statutory preferences, securities or diligence), producing a final, binding allocation and protecting the stakeholder against double payment. The procedure is governed by court rules (not a single statute), principally the Rules of the Court of Session 1994 and the sheriff court rules. It is commonly used for insurance proceeds, sale or retention monies, trust or estate funds, statutory compensation and similar stakeholder situations. Terminology and procedure are jurisdiction-specific. Multiplepoinding is distinct to Scotland. The functional equivalents are stakeholder claims under CPR Part 86 in England and Wales (historically “interpleader”), interpleader under Order 17 of the Rules of the Supreme Court (Northern Ireland) 1980, and interpleader under Order 57 of the Rules of the Superior Courts (Ireland) 1986. Each serves the same purpose of resolving rival claims and discharging the stakeholder.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Multiplepoinding

PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Read More Right Arrow