# County Court Rules (Northern Ireland) 1981, Rule 2: Payment into court

Extent: N.I.

(1) A defendant in any action may, subject to this Rule, [ [ upon] giving notice to] the plaintiff in Form 97 lodge in court in accordance with paragraph (2) such sum of money as he thinks sufficient to satisfy the plaintiff’s claim, together with an undertaking in writing to pay to the plaintiff such sum in respect of costs and expenses reasonably incurred by the plaintiff up to the date of lodgment as may be agreed upon between the parties, or in default of agreement as may on the application of either party in Form 99, and if necessary after both parties have been heard, be settled by the [ district judge].
[(1A) Where a defendant has withheld an amount from a payment into court in accordance with Article 24 of and paragraph 12(2)(a) (i) of Schedule 4 to the Social Security (Northern Ireland) Order 1989, the notice he gives under paragraph (2) of this rule must include the certificate of such deduction referred to in paragraph 12(3)(a) of the said Schedule.]
(2) Lodgment in court under paragraph (1) may, [ subject to paragraph 4], be made—
(a) in a remitted action within eight days of the date of the order of remittal [) . . .]
(b) in any other action—
(i) within twenty-eight days of service of the plaintiff’s medical evidence served in accordance with Rule 39 of Order 24;
(ii) where medical evidence is served in accordance with Rules 40, 41, 47 or 48 of Order 24, within fourteen days of service of such evidence and in any case before the first day of hearing; or
(iii) in any other case, within twenty-eight days of service of the notice of intention to defend.
[ . . .]
(4) [ The judge or district judge as the case may be] in [ . . .] ordering sufficient particulars to be furnished may give leave for the making of any lodgment under this Rule, notwithstanding that the period specified in paragraph (2) has expired, and where such leave is given [ a lodgment may be made within 14 days of receipt of the further particulars furnished in compliance with the order of [ the judge or district judge as the case may be].]
(5) Where under paragraph (1) the [ district judge] has settled a sum for costs and expenses, either party, within two days from such settlement may on notice to the other party and the [ district judge] appeal to [ the judge] against such settlement; and on such appeal [ the judge] may affirm or vary the sum so settled.
(6) Money shall be paid into court by lodging it at the county court bank to the credit of the civil bill account in accordance with Order 45 Part I and where any money is so lodged a copy of the notice sent to the plaintiff under paragraph (1) shall be lodged [ . . .] with the bank, such [ . . .] copy being headed with the additional words “Civil Bill Account”.
(7) Money paid into court shall remain in court subject to further order unless [ a notice of settlement under Rule 1A has been entered in the order book of the court or] the plaintiff elects to take it out as hereinafter provided.

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Source: https://www.legislation.gov.uk/nisr/1981/225/part/21/rule/2 (the official version)
Page: https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-21/rule-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.