See also Practice Direction
37
Part
37
MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT
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Money paid into court under a court
order
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37.1 |
A party who makes a payment into
court under a court order must –
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| | (a)
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serve notice of the payment on
every other party; and
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| | (b)
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in relation to each such
notice, file a certificate of service.
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| Rule 37.1 replaced w/e from 1 April 2003. |
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Money paid into court where defendant wishes to rely on
a defence of tender before claim
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37.2 |
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If the defendant does not make a
payment in accordance with paragraph (1), the defence of tender before claim
will not be available to him until he does so.
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Payment out of money paid into court
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37.3 |
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Money paid into court under a court
order or in support of a defence of tender before claim
(GL) may not be paid out without the court's permission
except where –
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| | (a)
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a Part 36 offer is accepted
without needing the permission of the court; and
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| | (b)
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the defendant agrees that a sum
paid into court by him should be used to satisfy the offer (in whole or in
part).
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(Rule 36.9 sets out
when the court's permission is required to accept a Part 36
offer)
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Payment into court under enactments
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37.4 |
A practice direction may set out
special provisions with regard to payments into court under various
enactments.
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| Rule 37.4 amended w/e from 25 March 2002. |
