Instead of complying with paragraph 1.1(1), a litigant in person without a current account may, in a claim proceeding in a county court or District Registry, make a payment into court by –

(1)	lodging the payment in cash with the court; and

(2)	giving the court a completed Court Funds Office form 100.

An application –

(1)	must be made in accordance with Part 23; and

(2)	may be made without notice, but the court may direct notice to be served on any person.

(Where money paid into court is accepted by or on behalf of a child or protected party, rule 21.11(1)(b) provides that the money shall be dealt with in accordance with directions given by the court under that rule and not otherwise. Paragraphs 8 to 13 of the practice direction^pdp-21supplementing Part 21 make further provision about how the money may be dealt with).

Where permission is not required to take money out of court, the requesting party should file a request for payment in Court Funds Office form 201 with the Court Funds Office, accompanied by a statement that the defendant agrees that the money should be used to satisfy the Part 36 offer in Court Funds Office form 202.

(Paragraph 3.6 of Practice Direction^pdp-36B supplementing Part 36 provides that a defendant who made a Part 36 payment before 6th April 2007, and whose Part 36 offer underlying the payment is accepted without requiring the permission of the court, is not required to file form 202.)

This Paragraph is referred to in: PDP 36b (3.4), (3.6).

3.5   

The request for payment should contain the following details –

(1)	where the party receiving the payment is legally represented – (a)   the name, business address and reference of the legal representative; and (b)   the name of the bank and the sort code number, the title of the account and the account number where the payment is to be transmitted;

(2)	where the party is acting in person – (a)   his name and address; and (b)   his bank account details as in paragraph (1)(b) above; and

(3)	whether the party receiving the payment is, or has been, in receipt of services funded by the Legal Services Commission as part of the Community Legal Service.

3.6	Where paragraph 3.4 applies, interest accruing up to the date of acceptance will be paid to the defendant. (Rule 20.2 provides that in these Rules references to a claimant or defendant include a party bringing or defending an additional claim).

3.7	Subject to paragraph 3.8, if a party does not wish the payment to be transmitted into his bank account or if he does not have a bank account, he may send a written request to the Accountant-General for the payment to be made to him by cheque.

3.8	Where a party seeking payment out of court has provided the necessary information, the payment – (1)   where a party is legally represented, must be made to the legal representative; (2)   if the party is not legally represented but has given notice under paragraph 3.5(3), must be made to the Legal Services Commission.

If the company is a party to any proceedings issued in relation to the policy or the money assured by it, it may not make a payment into court under the 1896 Act without the permission of the court in those proceedings.

4.5	If a company pays money into court under the 1896 Act, unless the court orders otherwise it must immediately serve notice of the payment on every person who is entitled under the policy or has made a claim to the money assured.

The witness statement or affidavit must be filed at –

(1)	Chancery Chambers at the Royal Courts of Justice;

(2)	a Chancery district registry of the High Court; or

(3)	a county court.

Paragraph 6.2 inserted w/e from 2 December 2002.

6.3   

If a trustee pays money or securities into court, unless the court orders otherwise he must immediately serve notice of the payment into court on every person interested in or entitled to the money or securities.

The application may be made without notice, but the court may direct notice to be served on any person.

Where the applicant wishes to pay money into a county court under regulation 14 he must file a witness statement or an affidavit when he lodges the money.

Paragraph 8.2 inserted w/e from 2 December 2002.

8.3   

The witness statement or affidavit must –

(1)	state briefly why the applicant is making the payment into court; and

(2)

be accompanied by copies of – (a)   the notice served under regulation 6; (b)   any counter-notice served under regulation 8; (c)   any amended notice or counter-notice served under regulation 9; (d)   any determination of the Lands Tribunal of a matter referred to it under regulation 10; and (e)   any determination of the value of the premises by a chartered surveyor following the service of a valuation notice under regulation 12.

8.4	If an applicant pays money into court under regulation 14, he must immediately serve notice of the payment and a copy of the witness statement or affidavit on the land owner.

8.5	An application for payment out of the money must be made in accordance with paragraph 3 of this practice direction.