# County Court Rules (Northern Ireland) 1981, Rule 3: Payment into court

Extent: N.I.

(1) This rule shall apply to a payment into court made by virtue of—
(a) Article 15(3) of the 1977 Order; or
(b) Article 16(3) of the 1988 Order; or
(c) paragraph (2) of this rule.
(2) The Secretary of State may make a payment into court in accordance with this rule in respect of a claim to compensation made under section 63 of the 1991 Act.
(3) Payment into court by the Secretary of State may be made at any lime within 21 days from service of the copy of the notice of appeal upon him by lodging in court—
(a) such sum of money as the Secretary of State thinks sufficient to satisfy so much of the appellant’s claim to compensation under Article 3 of the 1977 Order, Article 3 of the 1988 Order or section 63 of the 1991 Act as is in dispute and hence the subject of the appeal;
(b) such sum of money as the Secretary of State thinks sufficient in respect of the costs and expenses incurred by the appellant in making out and verifying his claim to compensation;
(c) a written undertaking to pay to the appellant any costs or expenses reasonably incurred by him between the date on which the Secretary of State served on him his determination and the date of lodgment.
(4) Notice to the appellant in Form 335, 350 or 382 as appropriate of payment into court by the Secretary of State shall be given at the time of such lodgment.
(5) Money shall be paid into court by lodging it in the County Court Bank to the credit of the Criminal Injuries Account in accordance with Order 45 Part I, and where any money is lodged a copy of the notice sent to the appellant under paragraph (4) shall be lodged with the chief clerk and a copy shall also be lodged with the bank, such last-mentioned copy being headed with the additional words “Criminal Injuries Account”.
(6) Money paid into court shall remain in court subject to further order unless the appellant elects to take it out as provided by this rule.
(7) The appellant may, either before the expiration of a period of 21 days commencing on the date of service upon him of the notice in Form 335, 350 or 382 as appropriate or before the commencement of the sittings at which the appeal is to be heard, whichever first occurs, or subsequently with the consent of the Secretary of State, sign and serve on the Secretary of State and lodge with the chief clerk a notice in Form 336, 351 or 383 as appropriate accepting the amount in satisfaction of his claim.
(8) Subject to paragraph (11), where the money is accepted by the appellant under paragraph (7) all further proceedings in the appeal by the appellant shall be stayed and the money paid into court shall be paid out to the appellant without the necessity of any decree or order of the court and the Secretary of State shall not be liable to any further costs other than those payable under the undertaking referred to in paragraph (3)(c).
(9) Where the costs and expenses referred to in paragraph (3)(c) are not agreed between the Secretary of State and the appellant, they shall be settled by the district judge subject to an appeal to [ the judge], notice of which appeal shall be served on the Secretary of State and the district judge not more than 2 days after the costs are so settled.
(10) The Secretary of State shall, within 14 days from the day on which the parties agree on the sum due under the undertaking referred to in paragraph (3)(c) or on which the sum is settled by the district judge or, as the case may be, determined by [ the judge], pay that sum to the appellant.
(11) Where notice of acceptance under paragraph (7) is served by, or on behalf of, an appellant under a legal disability—
(a) the money paid into court shall not be paid out without an order of [ the judge];
(b) a notice of intention to apply to [ the judge] for approval of such acceptance shall also be served on the Secretary of State and lodged in the office of the chief clerk;
(c) the application to [ the judge] shall be made at the time the appeal would, if no notice of acceptance had been served, have been heard by [ the judge]; and
(d) the appellant shall be entitled to his costs of the application unless [ the judge] otherwise directs.
(12) An order approving acceptance by a person under a disability in satisfaction of a sum lodged by the Secretary of State shall be in Form 337, 352 or 384 as appropriate.

---
Source: https://www.legislation.gov.uk/nisr/1981/225/part/54/chapter/2/rule/3 (the official version)
Page: https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-54/chapter-2/rule-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.