A defendant made a payment into court in respect of some but not all of the issues in the case. The payment in was accepted, and the claimant continued to litigate the balance of his claim. He sought his costs in respect of the matters settled by the payment in. He was not entitled to them as of right, but the court could order them to be paid in its discretion. The rule as to payment was only automatic when it brought an end to the proceedings as a whole. There is some small conflict within the rules, but the overall intent is clear.
Citations:
Gazette 17-May-2001
Statutes:
Civil Procedure Rules 36.11 (1) and 36.13
Jurisdiction:
England and Wales
Costs
Updated: 08 April 2022; Ref: scu.79185