Payment into Court in UK Law

Leading Cases
  • Parkinson (Sir Lindsay) & Company Ltd v Triplan Ltd
    • Court of Appeal (Civil Division)
    • 19 Enero 1973

    Mr. Levy helpfully suggests some of the matters which the Court might take into account, such as whether the company's claim is bona fide and not a sham and whether the company has a reasonably good prospect of success. It would also consider whether the company's want of means has been brought about by any conduct by the defendants, such as delay in payment or delay in doing their part of the work.

  • Sherratt (W. A.) Ltd v John Bromley (Church Stretton) Ltd
    • Court of Appeal (Civil Division)
    • 02 Noviembre 1984

    Subject to the bankruptcy rules relating to fraudulent preferences, there has never been any restriction upon a debtor preferring a particular creditor if he wishes to do so, and I am not clear why it should be thought desirable that a creditor who has a valid claim but is kept out of his money by a defence which ultimately fails should be deprived of the advantage which he gains by a payment into court.

    The second is that the money in court remains, as it were, an asset of the defendant which, on his bankruptcy, forms part of his property available for distribution. But in my judgment a defendant paying into court under Order 22, rule 1, parts outright with his money. I doubt whether it can be said that the Accountant-General is a trustee in whose hands his money can be traced. Nor is there a "debt" or chose in action in the accepted sense of the word.

  • Calderbank v Calderbank
    • Court of Appeal (Civil Division)
    • 05 Junio 1975

    Before Mrs. justice Heilbron the wife's application for costs was baaed upon a letter which had been written by the wife's solicitors to the husband's solicitors offering something substantially more than £10,000. Mrs. Justice Heilbron, despite that letter being drawn to her attention, made no order as to costs.

  • AEI Rediffusion Music Ltd v Phonographic Performance Ltd
    • Court of Appeal (Civil Division)
    • 19 Febrero 1999

    In doing this the new Rules are reflecting a change of practice which has already started. It is now clear that a too robust application of the "follow the event principle" encourages litigants to increase the costs of litigation, since it discourages litigants from being selective as to the points they take. If you recover all your costs as long as you win, you are encouraged to leave no stone unturned in your effort to do so.

  • Stringman v McArdle
    • Court of Appeal (Civil Division)
    • 01 Noviembre 1993

    Once the threshold conditions in Order 29 rule 11(i) subsections (a), (b) or (c) are satisfied, what the court has to do, if it thinks fit, is to make an interim payment of such amount as it thinks just not exceeding a reasonable proportion of the damages which in the opinion of the court are likely to be recovered by the plaintiff after taking into account contributory negligence and any set off or counterclaim. Once the threshold conditions in Order 29 rule 11(i) subsections (a), (b) or (c) are satisfied, what the court has to do, if it thinks fit, is to make an interim payment of such amount as it thinks just not exceeding a reasonable proportion of the damages which in the opinion of the court are likely to be recovered by the plaintiff after taking into account contributory negligence and any set off or counterclaim.

  • Grimshaw v Dunbar
    • Court of Appeal
    • 16 Enero 1953

    Be that as it may, a party to an action is prima facie entitled to have it heard in his presence; he is entitled to dispute his opponent's case and cross-examine his opponent's witnesses, and he is entitled to call his own witnesses and give his own evidence before the Court.

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Legislation
  • Consumer Rights Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
  • Corrupt Practices Prevention Act 1854
    • UK Non-devolved
    • 1 de Enero de 1854
    ... ... and in or before the Court of Session if the Offence be committed in ... the Provisions of this Act, to order Payment to the Prosecutor of such Costs and Expenses as ... to Costs unless he shall have entered into a Recognizance to conduct Prosecution and pay ... ...
  • Life Assurance Companies (Payment into Court) Act 1896
    • UK Non-devolved
    • 1 de Enero de 1896
  • Small Business, Enterprise and Employment Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (b) at least one of the parties has entered into it in connection with the carrying on of a ... ) ;(iii) financial leasing;(iv) payment and money transmission services (including ... sized business with the right to apply to a court for an order to rectify, block, erase or destroy ... ...
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Books & Journal Articles
  • New Carrots and Sticks: Proposals for Reform of CPR Part 36
    • No. 70-2, March 2007
    • The Modern Law Review
    Part 36 of the Civil Procedure Rules is an important component of English civil procedure's costs apportioning mechanism and its primary means of encouraging early settlement. Two changes to make P...
    ... ... would be exemptedfrom the requirement of payment intocourt. Secondly,the costs pro - tection given ... It is argued that the payment into court requirement should be abolished ... ...
  • SOME ECONOMIC ASPECTS OF THE SETTLEMENT PROCESS: A STUDY OF PERSONAL INJURY CLAIMS
    • No. 39-5, September 1976
    • The Modern Law Review
    ... ... courts and settlements reached outside court. It is of course well known that only ... or, occasionally, an interim payment where liability is not in dispute), while ... going to court unless a payment into court is made.” In this case the ... ...
  • Financial Services Authority Limited (formerly the Securities and Investments Board) v Scandex and Another
    • No. 6-2, February 1998
    • Journal of Financial Regulation and Compliance
    • 184-196
    This case, when it arose at first instance, was considered last year in the pages of this Journal (see ‘SIB Court Action against forex trader’, Vol. 5(4), Journal of Financial Regulation and Compli...
    ... ... Regulation and Compliance Volume 6 Number 2 Court of Appeal sheds light on Section 6(2) FSA 1986 ... provision for investor protection, and came into force on 1 January 1996. As from that date it was ... 's application for an order for interim payment by the Respondent of the sum of £627,522.83, ... ...
  • Merchant Shipping (Liability of Shipowners and Others) Act, 1958
    • No. 21-6, November 1958
    • The Modern Law Review
    ... ... to the jurisdiction of the court. All that has been said about ... as the relevant date in translating into sterling the gold francs amounts ... where the person liable has made a payment into court that, by section 1 (4), a ... ...
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Law Firm Commentaries
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Forms
  • Notice of payment into court (Under order - part 37)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
  • Order under Part 24 imposing condition of payment into court (rule 3.1(3) and PD 24 paras 5.1 and 5.2)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
  • Restricted limitation decree
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
    ... ... Claimant(s) ... In the High Court of Justice ... Queen’s Bench Division ... having constituted a Limitation Fund by payment into court of the amount ... on the (enter date ... ...
  • General limitation decree
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.
    ... ... Claimant(s) ... In the High Court of Justice ... Queen’s Bench Division ... having constituted a Limitation Fund by payment into court of the amount ... on the (enter date ... ...
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