[F1PART 37E+WMISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT
Textual Amendments
F1Pt. 37 substituted (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rule 1, Sch. 2
Contents of this Part
| Money paid into court under a court order | Rule 37.1 |
| Money paid into court where defendant wishes to rely on a defence of tender before claim | Rule 37.2 |
| Payment out of money paid into court | Rule 37.3 |
| Payment into court under enactments | Rule 37.4 |
Money paid into court under a court orderE+W
37.1 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.
Money paid into court where defendant wishes to rely on a defence of tender before claimE+W
37.2—(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 will not be available to him until he does so.
Payment out of money paid into courtE+W
37.3 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—
(a)a Part 36 offer is accepted without needing the permission of the court; and
(b)the defendant agrees that a sum paid into court by him should be used to satisfy the offer (in whole or in part).
(Rule 36.9 sets out when the court’s permission is required to accept a Part 36 offer)
Payment into court under enactmentsE+W
37.4 A practice direction may set out special provisions with regard to payments into court under various enactments.]