The Civil Procedure Rules 1998

Payment after debtor lodged in prison E+W

Rule 13—(1) Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of the sum on payment of which the debtor is to be discharged, then—

(a) if the payment is made to the court F1 ..., [F2 the court officer] shall make and sign a certificate of payment and send it by post or otherwise to the gaoler;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) if the payment is made to the gaoler, [F4 the gaoler] shall sign a certificate of payment and send the amount to the court which made the committal order.

(2) Where, after the debtor has been lodged in prison under a warrant of committal, payment is made of an amount less than the sum on payment of which the debtor is to be discharged, then subject to paragraph (3), paragraph (1)(a) and (b) shall apply with the substitution of references to a notice of payment for the references to a certificate of payment and paragraph (1)(c)shall apply with the omission of the requirement to make and sign a certificate of payment.

(3) Where, after the making of a payment to which paragraph (2) relates, the balance of the sum on payment of which the debtor is to be discharged is paid, paragraph (1) shall apply without the modifications mentioned in paragraph (2).

Textual Amendments

F1 Words in Sch. 2 CCR Order 28 rule 13(1)(a) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(k)(i) (with rule 25)

F2 Words in Sch. 2 CCR Order 28 rule 13(1)(a) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 68(a)

F3 Sch. 2 CCR Order 28 rule 13(1)(b) omitted (22.4.2014) by virtue of The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(k)(ii) (with rule 25)

F4 Words in Sch. 2 CCR Order 28 rule 13(1)(c) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 21(k)(iii) (with rule 25)