- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (02/10/2006)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 06/04/2007
Point in time view as at 02/10/2006.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, PART 37.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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 |
37.1—[F1(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)
Textual Amendments
F1Rule 37.1(1) substituted (1.4.2003) by The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rules 1, 5
Commencement Information
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.
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.
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.
37.5 A practice direction may set out special provisions with regard to payments into court under various enactments.]
Textual Amendments
F2Rule 37.5 inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 23
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Yr Offeryn Cyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.