United Kingdom Statutory Instruments

" "Appropriation" means where the whole or any part of money paid into court under a court order or in support of a defence of tender before claim—

(i) prior to 6th April 2007, was treated as a CPR Part 36 payment in accordance with CPR Part 37 as it was in force immediately prior to that date; and

(j) on or after 6th April 2007, is used to satisfy a Part 36 offer in accordance with CPR Part 37.3,



and the verb "appropriate" shall be construed accordingly.;";

(b) omit the definition of "Authorised Officer";

(c) in the definition of "The Bank" omit the words "the Bank of England or";

(d) omit the definition of "Court Funds Office";

(e) omit the definition of "Duty";

(f) before the definition of "Employment Appeal Tribunal" insert—

" "Effective date of appropriation" means, in relation to funds appropriated prior to 6th April 2007, the date on which a notice of appropriation was received by the Accountant General;";

" "Transitional funds" means money which, less than 21 days prior to 6th April 2007, in satisfaction of a claim—

(i) had been paid into court in accordance with CPR Part 36; or

(j) had been appropriated in accordance with CPR Part 37,

as those Parts were in force immediately prior to 6th April 2007;.".

(i) a defendant has paid money into court under a court order or in support of a defence of tender before claim; and

(ii) a Part 36 offer is subsequently accepted without needing the permission of the court,



any request for payment lodged with the Accountant General by the claimant must include the written consent of the defendant that all, or part, of the money paid into court may be used to satisfy the offer (in whole or in part).

    (2) Where, before the date on which a request for payment is received under paragraph (1), interest has accrued on the money in question, some or all of the accrued interest may be included in the amount used to satisfy the offer, and this rule applies to the interest in the same way as it applies to the money paid into court."

(i) paragraph (1) applies unless the court otherwise directs;

(ii) where the court directs that paragraph (1) does not apply, interest accrues on the funds in court from the date they are placed to a basic account; and

(iii) transitional funds placed to a basic account shall, unless the court otherwise directs, remain so placed until the claim is determined or the court approves a settlement, whether or not the claimant has indicated that he wishes to accept the payment or appropriation."

(i) the permission of the court is not required to take money out of court; and

(ii) money lodged or appropriated by the defendant in satisfaction of a claim has been accepted by and paid to the claimant,



the Accountant General must pay any accrued interest remaining in court in respect of that claim to the defendant.

    (3) Where the permission of the court is required to take money out of court, including where the court determines a claim or approves a settlement on behalf of a person under a disability, any interest which has accrued on the money in court must be dealt with as the court orders."

" (i) funds have been lodged or appropriated by one or more, but not all, of a number of defendants sued jointly or in the alternative, unless—


(a) the claimant discontinues the claim against all the other defendants;

(b) those defendants consent in writing to the payment; and

(c) a copy of the notice of discontinuance and the written consent of each consenting defendant is lodged with the Accountant General."

(d) for rule 44(4)(ii) substitute—

" (ii) a defence of tender before claim has been pleaded, unless—


(a) a Part 36 offer is accepted without needing the permission of the court; and

(b) the written consent of the defendant that all, or part, of the money paid into court in support of that defence may be used to satisfy the offer (in whole or in part) is lodged with the Accountant General;"; and

(e) for rule 44(4)(v) substitute the following—

" (v) in respect of transitional funds—


(a) the payment into court or appropriation was made less than 21 days prior to the start of the trial; or

(b) the claimant has not accepted the payment or appropriation within 21 days of the payment into court or appropriation; or



(vi) paragraphs 25(1)(i) and (ii) apply, unless the request for payment lodged with the Accountant General by the claimant includes the written consent of the defendant that all, or part, of the money paid into court may be used to satisfy the offer (in whole or in part).

    (5) Rule 44(4)(v) does not apply where—

(i) at the time the request for payment is made the claimant certifies to the Accountant General that the parties have agreed liability for costs; or

(ii) less than 21 days prior to 6th April 2007—


(a) the defendant increased a Part 36 payment or appropriation by lodging further funds or by appropriating all or a further part of a sum lodged in court; and

(b) the increased payment or appropriation is accepted within 21 days of the effective date of lodgment or appropriation of the further funds.".

(i) at the beginning of the rule insert "subject to paragraph (3),"; and

(ii) for the word "and" substitute "or";

(c) for rule 57(2)(ii) substitute—

" (ii) subject to paragraph (4), the Accountant General is, at any time, satisfied that although all reasonable steps have been taken to trace the person entitled to it and to pay it to him, that person cannot be traced."; and

(d) omit rule 57(5).