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Article 44 Payment out without order of money lodged in satisfaction

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this rule and in rule 45 a person in respect of whose cause of action a sum has been paid into court in satisfaction, whether by way of claim or counterclaim, is referred to as a plaintiff and a person against whom such a cause of action lies is referred to as a defendant.

(2)

The Accountant General shall, on receipt of a written request, pay by cheque to the plaintiff money lodged in court in satisfaction of a claim, or appropriated in accordance with rule 25, and accepted by him in accordance with Rules of Court: provided that where a solicitor is acting for the plaintiff in the proceedings in which the money was lodged or appropriated by virtue of a legal aid certificate issued in accordance with the Legal Aid (General) Regulations 1980f1, the Accountant General shall pay the money to that solicitor, or to the Law Society if there is no longer a solicitor acting.

(3)

In the case of proceedings in a District Registry, the plaintiff shall, when he sends the written request to the Court Funds Office, send a copy of it to the District Registry in question.

(4)

The Accountant General shall not make any payment under paragraph (1) where:—

(i)

money has been lodged by one, or some, only off several defendants sued jointly or in the alternative, unless the plaintiff discontinues the action against all the other defendants and those defendants consent in writing to the payment, and a copy of the notice of discontinuance and the written consent of each consenting defendant required by RSC Order 22, rule 4 or CCR Order 11, rule 4(3), as the case may be, is lodged with the Accountant General; or

(ii)

a defence of tender before action has been pleaded; or

(iii)

the claim is made by, or on behalf of, a minor or a patient; or

(iv)

money has been lodged in proceedings under the Fatal Accidents Act 1976f2 and the Law Reform (Miscellaneous Provisions) Act 1934f3, or under the first mentioned Act alone where more than one person is entitled to the money; or

(v)

money has been lodged in court, or money in court has been increased by a further lodgment, and has been accepted after the hearing of the action has begun, except in circumstances provided for under RSC Order 22, rule 3.

Annotations

Footnotes

f1

S.I. 1980/1894, as amended.

f2

1976 c. 30.

f3

1934 c. 41.