The Civil Procedure Rules 1998

Other cases where a court order is required to enable acceptance of a Part 36 offer or a Part 36 payment

36.18—(1) Where a Part 36 offer or a Part 36 payment is made in proceedings to which rule 21.10 applies—

(a) the offer or payment may be accepted only with the permission of the court; and

(b) no payment out of any sum in court shall be made without a court order.

(Rule 21.10 deals with compromise etc. by or on behalf of a child or patient)

(2) Where the court gives a claimant permission to accept a Part 36 offer or payment after the trial has started—

(a) any money in court may be paid out only with a court order; and

(b) the court must, in the order, deal with the whole costs of the proceedings.

(3) Where a claimant accepts a Part 36 payment after a defence of tender before claim^(GL) has been put forward by the defendant, the money in court may be paid out only after an order of the court.

(Rule 37.3 requires a defendant who wishes to rely on a defence of tender before claim^(GL) to make a payment into court)