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The Civil Procedure Rules 1998, PART 37 is up to date with all changes known to be in force on or before 16 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
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
C7Pt. 37 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 135 (with rule 2)
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 |
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.
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.
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)
37.4 A practice direction may set out special provisions with regard to payments into court under various enactments.]
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