[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
Modifications etc. (not altering text)
C1Pt. 37 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 107
C2Pt. 37 applied (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 229 (with rule 5)
C3Pt. 37 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 130 (with rules 3, 208)
C4Pt. 37 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 134 (with rules 3, 210)
C5Pt. 37 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 139 (with rule 4(1))
C6Pt. 37 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 191
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 [F236.11] sets out when the court’s permission is required to accept a Part 36 offer)
Textual Amendments
F2Word in rule 37.3 substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(c), 8 (with rule 18)
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.]