PART 37MISCELLANEOUS PROVISIONS ABOUT PAYMENTS INTO COURT

Proceedings under Fatal Accidents Act 197646 and Law Reform (Miscellaneous Provisions) Act 193447—apportionment by court37.4

1

Where—

a

a claim includes claims arising under—

i

the Fatal Accidents Act 1976; and

ii

the Law Reform (Miscellaneous Provisions) Act 1934;

b

a single sum of money is paid into court in satisfaction of those claims; and

c

the money is accepted,

the court shall apportion the money between the different claims.

2

The court shall apportion money under paragraph (1)—

a

when it gives directions under rule 21.11 (control of money received by a child or patient); or

b

if rule 21.11 does not apply, when it gives permission for the money to be paid out of court.

3

Where, in an action in which a claim under the Fatal Accidents Act 1976 is made by or on behalf of more than one person—

a

a sum in respect of damages is ordered or agreed to be paid in satisfaction of the claim; or

b

a sum of money is accepted in satisfaction of the claim,

the court shall apportion it between the persons entitled to it unless it has already been apportioned by the court, a jury, or agreement between the parties.