1.—(1) A company wishing to make a payment into court under the Life Assurance Companies (Payment into Court) Act 1896(1) (hereinafter referred to as “the Act of 1896”) must file an affidavit, made by its secretary or other authorised officer, setting out—
(a)a short description of the policy in question and a statement of the persons entitled thereunder with their names and addresses so far as known to the company,
(b)a short statement of the notices received by the company claiming an interest in or title to the money assured, or withdrawing any such claim, with the dates of receipt thereof and the names and addresses of the persons by whom they were given,
(c)a statement that, in the opinion of the board of directors of the company, no sufficient discharge can be obtained otherwise than by payment into court under the Act of 1896,
(d)the submission by the company to pay into court such other sum, if any, as the Court may direct and to pay any costs ordered by the Court to be paid by the company.
(e)an undertaking by the company forthwith to send to the Accountant General any notice of claim received by the company after the making of the affidavit with a letter referring to the title of the affidavit, and
(f)an address where the company may be served with any summons or order, or notice of any proceeding, relating to the money paid into court.
(2) The company shall not deduct from the money payable by them under the policy any costs of or incidental to the payment into court.
(3) No payment shall be made into court under the Act of 1896 where any action to which the company is a party is pending in relation to the policy or moneys thereby assured except with the leave of the Court to be obtained by summons in the action.
(4) Unless the Court otherwise directs, a summons by which a claim with respect to money paid into court under the Act of 1896 is made shall not, except where the summons includes an application for payment of a further sum of costs by the company who made the payment, be served on that company, but it must be served on every person who appears by the affidavit on which the payment into court was made to be entitled to, or interested in, the money in court or to have a claim upon it or who has given a notice of claim which has been sent to the Accountant General in accordance With the undertaking referred to in rule 1(1)(e).
[E.r. 1]
2.—(1) Subject to paragraph (2), any trustee wishing to make a payment into court under section 63 of the Trustee Act (Northern Ireland) 1958(2) must make and file an affidavit setting out—
(a)a short description of the trust and of the instrument creating it or, as the case may be, of the circumstances in which the trust arose,
(b)the names of the persons interested in or entitled to the money or securities to be paid into court with their addresses so far as known to him,
(c)his submission to answer all such inquiries relating to the application of such money or securities as the Court may make or direct, and
(d)an address where he may be served with any summons or order, or notice of any proceedings, relating to the money or securities paid into court.
(2) Where the money or securities represents a legacy, or residue or any share thereof, to which a minor or a person resident outside the United Kingdom is absolutely entitled, no affidavit need be filed under paragraph (1) and the money or securities may be paid into court in the manner prescribed by court funds rules made under section 82 of the Act.
[E.r. 2]
3. Where the Commissioners of Inland Revenue wish to make a payment into court under section 33(1) of the War Damage Act 1943(3) in respect of war damage to a hereditament, they shall cause an affidavit to be made and filed setting out—
(a)short particulars of the hereditament;
(b)the name and address of any person who has claimed a payment in respect of war damage to the hereditament or a share of such payment, and
(c)the grounds on which the Commissioners wish to make the payment into court.
[E.r. 3]
4. Any person who has lodged money or securities in court in accordance with rule 1, 2 or 3 must forthwith send notice of the lodgment to every person appearing from the affidavit on which the lodgment was made to be entitled to, or to have an interest in, the money or securities lodged.
[E.r. 4]
5.—(1) Where an application to the High Court—
(a)for the payment or transfer to any person of any funds in court standing to the credit of any cause or matter or for the transfer of any such funds to a separate account or for the payment to any person of any dividend of or interest on any securities or money comprised in such funds;
(b)for the investment, or change of investment, of any funds in court;
(c)for payment of the dividends of or interest on any funds in court representing or comprising money or securities lodged in court under any enactment, or
(d)for the payment or transfer out of court of any such funds as are mentioned in sub-paragraph (c);
is made in the Chancery Division the application may be disposed of in chambers.
(2) Subject to paragraph (3), any such application made in the Chancery Division must be made by summons and, unless the application is made in a pending cause or matter or an application for the same purpose has previously been made by petition or originating summons, the summons must be an originating summons.
(3) Where an application under paragraph 1(d) is required to be made by originating summons, then, if the funds to which the application relates do not exceed £500 in value the application may be made ex parte to the Master who may dispose of the application or may direct it to be made by originating summons.
Unless otherwise directed, an ex parte application under this paragraph shall be made by affidavit.
(4) This rule does not apply to any application for an order under Order 22.
[E.r. 5]