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37.3—(1) Where a defendant wishes to rely on a defence of tender before claim(GL) he must make a payment into court of the amount he says was tendered.
(2) If the defendant does not make a payment in accordance with paragraph (1) the defence of tender before claim(GL) will not be available to him until he does so.
(3) Where the defendant makes such payment into court—
(a)he may choose to treat the whole or any part of the money paid into court as a Part 36 payment; and
(b)if he does so, he must file a Part 36 payment notice.
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