OpenLegislation

Rule 37.3 Payment out of money paid into courtF1

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 F236.11 sets out when the court’s permission is required to accept a Part 36 offer)

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

F2

Word in rule 37.3 substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(c), 8 (with rule 18)

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))