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Court Funds (Amendment) Rules 2007

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Amendments to the Court Funds Rules 1987

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17.  Rule 44 is amended as follows—

(a)in rule 44(1) omit “and rule 45”;

(b)In rule 44(2) omit “in accordance with Rule 25”;

(c)for rule 44(4)(i) substitute—

(i)funds have been lodged or appropriated by one or more, but not all, of a number of defendants sued jointly or in the alternative, unless—

(a)the claimant discontinues the claim against all the other defendants;

(b)those defendants consent in writing to the payment; and

(c)a copy of the notice of discontinuance and the written consent of each consenting defendant is lodged with the Accountant General.

(d)for rule 44(4)(ii) substitute—

(ii)a defence of tender before claim has been pleaded, unless—

(a)a Part 36 offer is accepted without needing the permission of the court; and

(b)the written consent of the defendant that all, or part, of the money paid into court in support of that defence may be used to satisfy the offer (in whole or in part) is lodged with the Accountant General;; and

(e)for rule 44(4)(v) substitute the following—

(v)in respect of transitional funds—

(a)the payment into court or appropriation was made less than 21 days prior to the start of the trial; or

(b)the claimant has not accepted the payment or appropriation within 21 days of the payment into court or appropriation; or

(vi)paragraphs 25(1)(i) and (ii) apply, unless the request for payment lodged with the Accountant General by the claimant includes the written consent of the defendant that all, or part, of the money paid into court may be used to satisfy the offer (in whole or in part).

(5) Rule 44(4)(v) does not apply where—

(i)at the time the request for payment is made the claimant certifies to the Accountant General that the parties have agreed liability for costs; or

(ii)less than 21 days prior to 6th April 2007—

(a)the defendant increased a Part 36 payment or appropriation by lodging further funds or by appropriating all or a further part of a sum lodged in court; and

(b)the increased payment or appropriation is accepted within 21 days of the effective date of lodgment or appropriation of the further funds..

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