payment into court

This procedure is not to be used if a payment into court would have protected the defendant's position.

Secondly, the costs pressure can be greatly increased by a judicious payment into court.

Acceptance of a payment into court operates only as a stay of the proceedings.

If the defendant makes a payment into court, the plaintiff may seize it and call quits.

A condition of payment into court is often imposed where a judgment is to be set aside but other terms and conditions are imposed sparingly.

However, the Civil Justice Review recommended no change, since the evidence suggested that, despite its bluntness, most people were broadly satisfied with payments into court.

A sum paid into court "to abide order" may be appropriated as a payment into court in satisfaction under Ord 11, r 9.

As we have seen, defendants can protect themselves by making written offers when they cannot make an effective payment into court because they are faced with a split trial.

Where a money claim is made on behalf of a person under disability, the approval of the court is required to any settlement, compromise, or payment into court.

If he does not, and the defendant aggregates the interim payment with his payment into court, as he is entitled to, the plaintiff will be doubly put at risk.

Standardisation is ideal for repeat letters such as applications for police reports and for advice that is detailed but standard such as advice on a payment into court.

Where payment into court is made in respect of an accident and the plaintiff is receiving Social Security benefits as a result of the accident Ord 11, r 5(4) applies.

PAYMENTS INTO COURT- see 'DAMAGES'

When making a payment into court in respect of an accident or injury occurring on or after January 1989 the defendant should first obtain a "certificate of total benefit" from the Department of Social Security.

In accordance with s93 of the Social Security Administration Act 1992 the defendant should deduct an equal amount from the payment into court, and furnish the court with a certificate of the amount so withheld.

Save for appeals and applications under Ord 37 in cases of transfer for enforcement and payments into court, all further steps after transfer are to be taken in the transferee court (Ord 16, r 4(6)).

Unnecessarily overcomplicated supplementary provisions require the payment into court to be treated as increased by the amount shown on the certificate, although the plaintiff is not allowed to take out of court more than the amount actually paid in.

He can, of course, also make a payment into court, but the difficulties of calculating it are obvious and he would probably have to pay in more than the value of the claim for immediate damages to tempt the plaintiff.

Where the defendant makes a payment into court he will normally:(1) obtain a certificate of total benefit from the Compensation Recovery Unit of the DSS and;(2) send to the court with the payment a certificate showing the amount deducted.

The Supreme Court Funds (Amendment) Rules 1983 provide that any payment into court under Ord 22, r1 which is not accepted within 21 days will then be placed on deposit automatically and earn interest on a daily basis for each complete pound.

The first procedure is the payment into court At any stage after an action has begun in the High Court or the county court, the defendant may make a payment into court in satisfaction of the plaintiff's claim.

Where the plaintiff is under a disability, he cannot accept a payment into court without approval under RSC Ord 80, r11 or CCR Ord 10, r10 which is likely to take place later than the time limited for accepting the payment in.

In Buckland v Palmer [1984]1 WLR 1109 it was held to be an abuse of the process of the court for a plaintiff's insurance company to start a second action for insured losses when the plaintiff had accepted a payment into court in his action for uninsured losses.

For this purpose "proceedings" include the hearing of any action, matter or arbitration (Ord 16, r 4(5)), the disposal of a default action, any pre-trial review or interlocutory application, proceedings for enforcement which can also be transferred under Ord 25, r 2 and payments into court under a judgment or order.

The judge in making an award of damages will know that a payment into court has been made, but will not know in what sum and so cannot ensure that the damages awarded are high enough to beat the payment into court, if minded to make an award similar to that which the defendant has offered.