PART 37 – MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT

Contents of this Part

Title	Number
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

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.

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Money paid into court where defendant wishes to rely on a defence of tender before claim

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.

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Payment out of money paid into court

37.3

(1) 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 36.11 sets out when the court’s permission is required to accept a Part 36 offer)

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Payment into court under enactments

37.4

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

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