[F1 PART 37 E+W MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT

Textual Amendments

F1 Pt. 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 order E+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 claim E+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 court E+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 enactments E+W

37.4   A practice direction may set out special provisions with regard to payments into court under various enactments.]