A payment into court is subject to the terms of the relevant rules: ‘a payment into court is simply an offer to dispose of the claim on terms. If the defendant were free to formulate the terms himself, he could make his offer in whatever form he liked. But if he seeks to effect his compromise under the rules which permit a payment into court, he must make his offer according to the rules.’
Judges:
Devlin
Citations:
[1961] QB 96
Cited by:
Cited – Flynn v Scougall CA 13-Jul-2004
The defendant had made a payment into court. She then applied to reduce the amount paid in, but the claimant accepted the original sum before that application was heard. The defendant appealed saying that their application operated as a stay.
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 30 April 2022; Ref: scu.199954