Part 37

 

Payments in to court to support offers under Part 36 and under order.

 

Contents of this Part

Scope of this Part Rule 37.1

Payments into court to support offers to settle Rule 37.2

Right to payment out on acceptance of offer Rule 37.3

Cases where payment out requires a court order - general Rule 37.4

Money remaining in court Rule 37.5

Money paid into court under order - General Rule 37.6

Money paid into court as condition for permission to defend

or to continue to defend Rule 37.7

 

 

Scope of this part

37.1 (1) This part deals with payments into court to support offers of

settlement under Part 36.
    1. A defendant is not obliged to make a payment into court to support such an offer.

 

Payments into court to support offers to settle

37.2 (1) A defendant who offers to settle the whole or part of

proceedings may pay money into court in support of

the offer.
    1. A defendant may not pay money into court unless -

      2. (a) he certifies that such payment is in support of

      an offer to settle; or

      (b) the payment in is made under a court order.

    2. No payment into court may be made until a claim is served.
    3. A payment into court to support an offer may be made -
    1. when the offer is made; or
    2. at any time while the offer is outstanding.

(5) A defendant who pays money into court must -

(a) serve notice of the payment in on the claimant; and

(b) file a copy of such notice with a statement of the date

(if any) by which the offer is open for acceptance

under rule 36.9(1).

 

Right to payment out on acceptance of offer

37.3 (1) The general rule is that a claimant who accepts an

offer to settle within the period stated for accepting it

is entitled to payment of the sum which the defendant

paid into court to support the offer, without needing a

court order.
    1. To obtain payment, the claimant must file a request for payment and must certify that the offer has been accepted within any period stated in the offer for accepting it.
    2. The general rule is qualified by rules 37.4 (cases where payment out requires a court order - general) and 37.5 (money remaining in court).

 

Cases where payment out requires a court order - general

37.4 (1) Where a claimant accepts money paid into court -

    1. by one or more but not all, of a number of defendants; or
    2. with a defence of tender before claim; or
    3. to settle a claim to which Part 23 (claims by minors and patients) applies

the money in court may only be paid out under an order of the court.
    1. An order under paragraph (1) (c) may not be made by consent.
    2. Where
    1. a claimant accepts money paid into court after the trial has begun; and
    2. all further proceedings on the claim or that part of it to which the acceptance relates are stayed,

the money in court may only be paid out under an order of the court.
    1. An order under this rule must deal with the costs of the proceedings which have been stayed.

 

Money remaining in court

37.5 (1) If an offer to settle -

    1. is accepted by the claimant after the end of the period stated for accepting it; or
    2. is not accepted in the manner provided for by rule 36.11 (procedure for acceptance)

any money paid into court in support of the offer may not be paid out except under an order of the court
    1. Where such an order is made before the trial, the money shall not be paid out except where -
    1. the payment was made in support of an offer to settle part of the proceedings; and
    2. when the claimant accepted the offer, that part of the proceedings was stayed under rule 36.12.

 

Money paid into court under order - general

37.6 (1) When a party makes a payment into court under a

court order he must give notice of the payment to every other party.

(2) Money paid into court under a court order may not be

paid out unless the court gives permission for it to be paid out.

 

Money paid into court as condition for permission to defend or to continue to defend

37.7 (1) This rule applies where the court makes an order

permitting a defendant -
    1. to defend; or
    2. to continue to defend

on condition that he makes a payment into court.
    1. Where -
    1. a defendant makes such a payment into court; and
    2. makes an offer to settle (whether before or after the order to pay money into court),

he may choose to treat the money paid into court as if it were a payment into court made in support of his offer to settle.
    1. To do this he must -
    1. file a notice that he so chooses; and
    2. at the same time, serve a copy of it on every other party to the proceedings.