Rule 4—(1) Where in a claim for libel or slander against several defendants sued jointly the claimant, in accordance with CPR rule 36.11(1) accepts money paid into court by any of those defendants in satisfaction of his cause of action against that defendant, then, notwithstanding anything in CPR rule 36.17, the claim shall be stayed as against that defendant only, but—
(a)the sum recoverable under any judgment given in the claimant’s favour against any other defendant in the claim by way of damages shall not exceed the amount (if any) by which the amount of the damages exceeds the amount paid into court by the defendant as against whom the claim has been stayed, and
(b)the claimant shall not be entitled to his costs of the claim against the other defendant after the date of the payment into court unless either the amount of the damages awarded to him is greater than the amount paid into court and accepted by him or [F1the court] is of opinion that there was reasonable ground for him to proceed with the claim against the other defendant.
(2) Where in a claim for libel a party in his statement of case relies on the defence for which section 2 of the Libel Act 1843(1), provides, CPR rule 36.19 shall not apply in relation to that statement of case.
Textual Amendments
F1Words in Sch. 1 RSC Order 82 substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 44(b)
1843 (c. 96); section 2 was amended by the Statute Law Revision Act 1891 (c. 67); and by the Statute Law Revision Act 1892 (c. 19).