County Court Rules (Northern Ireland) 1981

Payment out of court

3.—(1) Where money is paid into court under Rule 2 the plaintiff may (subject to any order made by the judge in granting an adjournment such as is referred to in Rule 2(4)), at any time before the opening day of the sitting at which the action is to be heard or subsequently with the consent of the defendant, or in a remitted action within any period fixed under Rule 2(3)(c), sign and serve on the defendant and lodge with the chief clerk a notice in Form 98 accepting the amount in satisfaction of his claim.

(2) Subject to paragraphs (4) and (5), where money is accepted under paragraph (1) all proceedings in the action as between the plaintiff and the defendant who has paid the money into court shall be stayed, and the money paid into court shall be paid out to the plaintiff without the necessity of any decree or order of the court, and the said defendant shall not be liable to any further costs other than those payable under the undertaking given under Rule 2(1).

(3) Within seven days from the day on which the parties agree on, or the circuit registrar settles, the amount due for costs and expenses under an undertaking given under Rule 2(1), or within seven days from the determination by the judge of any appeal under Rule 2(5), the defendant shall pay that amount to the plaintiff, and in default the chief clerk may, on the application of the plaintiff of which at least seven days' notice has been given to the defendant, issue a decree in Form 100. The costs of the application and the decree shall be in the discretion of the circuit registrar.

(4) Where notice of acceptance under paragraph (1) is served by or on behalf of a plaintiff under legal disability—

(a) the money paid into court shall not be paid out without an order of the judge;

(b) a notice of intention to apply to the judge for approval of such acceptance shall also be served on the defendant and lodged in the Office;

(c) the application to the judge shall be made at the time when the action would, if no notice of acceptance has been served, have been heard by the judge; and

(d) the plaintiff shall be entitled to his costs of the application unless the judge otherwise directs.

(5) A plaintiff in an action for libel or slander who takes money out of court may apply for leave to make in open court a statement in terms approved by the judge in chambers. The chief clerk shall after consultation with the judge fix a time for the hearing of the application by the judge in chambers and shall give at least three days' notice of the hearing to the plaintiff and the defendant and a copy of the proposed statement shall be sent with the notice to the defendant. The application shall be heard by the judge in private. The costs of and in connection with any such application and of the making of the statement in open court shall be in the discretion of the judge.