> ### CIVIL PROCEDURE RULES

> ### PART 37 MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT

> ### See also Practice Directions

> ### CONTENTS OF THIS PART

> Money paid into court under a court order - general | Rule 37.1
> Money paid into court may be treated as a Part 36 payment | Rule 37.2
> Money paid into court where defendant wishes to rely on defence of tender before claim | Rule 37.3
> Proceedings under Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934 - Apportionment by Court | Rule 37.4

> ### MONEY PAID INTO COURT UNDER A COURT ORDER - GENERAL

> 37.1 | (1) | When a party makes a payment into court under a court order, the court will give notice of the payment to every other party.
> | (2) | Money paid into court under a court order may not be paid out without the court's permission except where - the defendant treats the money as a Part 36 payment under rule 37.2; and the claimant accepts the Part 36 payment without needing the permission of the court.
> | (Rule 36.11 sets out when the claimant can accept a Part 36 payment without needing the permission of the court)

> ### MONEY PAID INTO COURT MAY BE TREATED AS A PART 36 PAYMENT

> 37.2 | (1) | Where a defendant makes a payment into court following an order made under rule 3.1(3) or 3.1(5) he may choose to treat the whole or any part of the money paid into court as a Part 36 payment.
> | (Rule 36.2 defines a Part 36 payment)
> | (2) | To do this he must file a Part 36 payment notice.
> | (Rule 36.6 sets out what a Part 36 payment notice must contain and provides for the court to serve it on the other parties)
> | (3) | If he does so Part 36 applies to the money as if he had paid it into court as a Part 36 payment.

> ### MONEY PAID INTO COURT WHERE DEFENDANT WISHES TO RELY ON DEFENCE OF TENDER BEFORE CLAIM

> 37.3 | (1) | Where a defendant wishes to rely on a defence of tender before claim(GL) he must make a payment into court of the amount he says was tendered.
> | (2) | If the defendant does not make a payment in accordance with paragraph (1) the defence of tender before claim(GL) will not be available to him until he does so.
> | (3) | Where the defendant makes such payment into court - he may choose to treat the whole or any part of the money paid into court as a Part 36 payment; and if he does so, he must file a Part 36 payment notice.

> ### PROCEEDINGS UNDER FATAL ACCIDENTS ACT 1976(45 ) AND LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1934(46 ) - APPORTIONMENT BY COURT

> 37.4 | (1) | Where - a claim includes claims arising under - the Fatal Accidents Act 1976; and the Law Reform (Miscellaneous Provisions) Act 1934; a single sum of money is paid into court in satisfaction of those claims; and the money is accepted, the court shall apportion the money between the different claims.
> | (2) | The court shall apportion money under paragraph (1) - when it gives directions under rule 21.11 (control of money received by a child or patient); or if rule 21.11 does not apply, when it gives permission for the money to be paid out of court.
> | (3) | Where, in an action in which a claim under the Fatal Accidents Act 1976 is made by or on behalf of more than one person - a sum in respect of damages is ordered or agreed to be paid in satisfaction of the claim; or a sum of money is accepted in satisfaction of the claim, the court shall apportion it between the persons entitled to it unless it has already been apportioned by the court, a jury, or agreement between the parties.
> | (Other rules about payments into court can be found -
> |  | in Schedule 1, in the following RSC – O.49 (garnishee proceedings); O.50 (stop orders in funds in court); O.92 (payments into court in particular circumstances); and in Schedule 2, in the following CCR - O.30 (garnishee proceedings); O.49 (payment in under various statutes))

> ### Endnote:

> (45) | 1976 c.30.
> (46) | 1934 c.41

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