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4.—(1) Where a plaintiff accepts any sum paid into court and that sum was paid into court—
(a)by some but not ail of the defendants sued jointly or in the alternative by him, or
(b)with a defence of tender before action, or,
(c)in an action to which Order 80 rule 10 applies, or,
(d)in satisfaction either of causes of action arising under the Fatal Accidents (Northern Ireland) Order 1977 and Part III of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland).1937, or a cause of action arising under the said Order where more than one person is entitled to the money,
the money in court shall not be paid out except under paragraph (2), or in pursuance of an order of the Court, and the order shall deal with the whole costs of the action or of the cause of action to which the payment relates, as the case may be.
(2) Where an order of the Court is required under paragraph (1) by reason only of paragraph (1)(a), then if, either before or after accepting the money paid into court by some only of the defendants sued jointly or in the alternative by him, the plaintiff discontinues the action against all the other dependants and those defendants consent in writing to the payment out of that sum, it may be paid out without an order of the Court.
(3) Where after the trial or hearing of an action has begun a plaintiff accepts any money paid into court and all further proceedings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates are stayed by virtue of rule 3(2), then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and, the order shall deal with the whole costs of the action.
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