Rule 37.2 Money paid into court where defendant wishes to rely on a defence of tender before claimF1
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.
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.
Annotations
Textual amendments
- F1
Pt. 37 substituted (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rule 1, Sch. 2
Notes on Part 37
Modifications
- C1
Pt. 37 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 107
- C2
Pt. 37 applied (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 229 (with rule 5)
- C3
Pt. 37 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 130 (with rules 3, 208)
- C4
Pt. 37 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 134 (with rules 3, 210)
- C5
Pt. 37 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 139 (with rule 4(1))
- C6
Pt. 37 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 191
- C7
Pt. 37 applied (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 135 (with rule 2)
- C8
Pt. 37 applied (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 135 (with rule 2(1))