Civil Procedure Rules

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See also Practice Direction 37
Part | 37 |
| MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT
| 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
Payment into court under enactments |  | Rule 37.5
Money paid into court under a court order – general
37.1 |
(1) | A party who makes a payment into court under a court order must –
(a) | serve notice of the payment on every other party; and
(b) | in relation to each such notice, file a certificate of service.
(2) | Money paid into court under a court order may not be paid out without the court’s permission except where –
(a) | the defendant treats the money as a Part 36 payment under rule 37.2; and
(b) | 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 –
(a) | he may choose to treat the whole or any part of the money paid into court as a Part 36 payment; and
(b) | if he does so, he must file a Part 36 payment notice.
Proceedings under Fatal Accidents Act 1976(1) and Law Reform (Miscellaneous Provisions) Act 1934(2)– apportionment by court
37.4 |
(1) | Where –
(a) | a claim includes claims arising under –
(i) | the Fatal Accidents Act 1976; and
(ii) | the Law Reform (Miscellaneous Provisions) Act 1934;
(b) | a single sum of money is paid into court in satisfaction of those claims; and
(c) | the money is accepted,
the court shall apportion the money between the different claims.
(2) | The court shall apportion money under paragraph (1) –
(a) | when it gives directions under rule 21.11 (control of money received by a child or patient); or
(b) | 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) | a sum in respect of damages is ordered or agreed to be paid in satisfaction of the claim; or
(b) | 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.
Payment into court under enactments
37.5 |
A practice direction may set out special provisions with regard to payments into court under various enactments.
FOOTNOTES
1 | 1976 c.30.
2 | 1934 c.41.

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