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13. In Part 52—
(a)in rule 52.12(1), for “or Part 36 payment” substitute “or payment into court”;
(b)in rule 52.12(2), for “or Part 36 payment” substitute “or payment into court”;
(c)in rule 52.12(3), for “or Part 36 payment” substitute “or payment into court”; and
(d)after rule 52.12, insert the following—
“(Rule 36.3 has the effect that a Part 36 offer made in proceedings at first instance will not have consequences in any appeal proceedings. Therefore, a fresh Part 36 offer needs to be made in appeal proceedings. However, rule 52.12 applies to a Part 36 offer whether made in the original proceedings or in the appeal.)”.
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