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The Court Funds Rules 2011

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Documents accompanying deposit of funds in court

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6.—(1) The general rule is that the Accountant General shall only accept a deposit of a fund if provided with:

(a)a deposit schedule signed and authenticated by a court; or

(b)(i)a written request; and

(ii)a sealed copy of the court order authorising the deposit.

(2) The general rule does not apply if a fund is deposited in court under one of the following paragraphs in this rule.

(3) Where the deposit is made under CPR rule 37.2 (which provides that there must be a payment into court where a defendant wishes to rely on a defence of tender before claim) the Accountant General shall only accept the deposit if provided with:

(a)a written request;

(b)a sealed copy of the claim form; and

(c)a copy of the defence.

(4) Where the deposit is made under CPR rule 61.11(18) (which provides that the claimant may constitute a limitation fund by making a payment into court) the Accountant General shall only accept the deposit if provided with a written request sealed by a court.

(5) Where the deposit is made under the Life Assurance Companies (Payment into Court) Act 1896(1), the Accountant General shall only accept the deposit if provided with:

(a)a deposit schedule signed and authenticated by a court; and

(b)a copy of the witness statement or affidavit filed in accordance with CPR rule 37.4 (which relates to payment into court under enactments).

(6) Where the deposit is made under the Trustee Act 1925(2), the Accountant General shall only accept the deposit if provided with:

(a)(i)a deposit schedule signed and authenticated by a court; and

(ii)a copy of the witness statement or affidavit filed in accordance with CPR rule 37.4; or

(b)(i)a written request; and

(ii)a sealed copy of the court order authorising the deposit.

(7) Where the deposit is made under any other enactment that requires specific authority for a fund to be deposited in court, the Accountant General shall only accept the deposit if provided with:

(a)a written request; and

(b)the document authorising the deposit.

(8) Where the deposit is made by a deputy, the Accountant General shall only accept the deposit if provided with:

(a)a written request; and

(b)a sealed copy of the order appointing the deputy.

(9) The Accountant General shall only accept the deposit of foreign currency in court if provided with:

(a)a deposit schedule signed and authenticated by a court authorising the deposit of that currency; or

(b)(i)a written request; and

(ii)a sealed copy of the court order authorising the deposit of that currency.

(10) A sealed copy of a court order is not required where the written request is made by the Admiralty Marshal.

(11) A sealed copy of a court order is not required where the written request has been sealed by the court that made the order.

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