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.