Order 20 — Payment Into and Out of Court

(1) Where after service in any proceeding for debt or damages, a Defendant intends to pay money into Court in respect of the proceedings, he shall notify the Chief Registrar who will thereupon direct him to pay the money into an interest yielding account in the name of the Chief Registrar in a commercial bank and he shall file the teller or other form of acknowledgement for such payment with the Chief Registrar.

(2) Where a teller or other form of acknowledgement for payment is filed with the Chief Registrar, he shall forthwith give notice of the payment to the Claimant who may apply to a Judge for an Order to withdraw the amount so paid.

(3) Where a defence of tender before action is set up, the sum of money alleged to have been tendered shall be brought into Court.

(4) The Defendant may without leave, give a written notice to the Registrar of an intention to increase the amount of any sum paid into Court.

(5) Where the money is paid into Court in satisfaction of one or more of several causes of action, the notice shall specify the cause or causes of action in respect of which payment is made and the sum paid in respect of each such cause of action unless a Judge otherwise directs.

(6) The notice shall be as in Form 17 with such modifications or variations as circumstances may require. The receipt of the notice shall be acknowledged in writing by the Claimant within three days. The notice may be modified or withdrawn or delivered in an amended form by leave of a Judge upon such terms as may be just.

(7) Where money is paid into Court with denial of liability, the Claimant may proceed with the action in respect of the claim and if he succeeds, the amount paid shall be applied so far as is necessary in satisfaction of the claim and the balance, if any, shall on the Order of a Judge be repaid to the Defendant.

(8) Where the Defendant succeeds in respect of such claim, the whole amount paid into Court shall be repaid to him on the Order of a Judge.

(1) Where money is paid into Court under Rule 1 of this Order, the Claimant may within fourteen days of the receipt of the notice of payment into Court, or where more than one payment into Court has been made, within fourteen days of the receipt of the notice of the last payment into Court, accept the whole sum or any one or more of the specific sum in satisfaction of the cause or causes of action to which the specified sum or sums relate by giving notice to the Defendant as in Form 18 with such modifications or variations as circumstances may require and thereupon shall be entitled to receive payment of the accepted sum or sums in satisfaction as aforesaid.

(2) Payment shall be made to the Claimant or, on his written authority, to his Legal Practitioner, and thereupon proceedings in the action or in respect of the specified cause or causes of action, as the case may be, shall abate.

(3) If the Claimant accepts money paid into Court in satisfaction of his claim or if he accepts a sum or sums paid in respect of one or more specified causes of action, and gives notice that he abandons the other causes of action, he may after four days from payment out and unless a Judge otherwise orders, tax his costs incurred to the time of payment into Court, and forty-eight hours after taxation may sign Judgement for his taxed costs.

(4) Where in an action for libel or slander, the Claimant accepts money paid into Court, either party may apply by Motion to a Judge for leave for the parties, or either of them, to make a statement in open Court in terms approved by the Judge.

If the whole of the money in Court is not taken out under Rule 2 of this Order, the money remaining in Court shall not be paid out except in satisfaction of the claim or specified cause or causes of action in respect of which it was paid in pursuance of an Order of a Judge which may be made at any time before, at or after trial.

(1) Money may be paid into Court under Rule 1 of this Order by one or more of several Defendants sued jointly or in the alternative upon notice to the other Defendant or Defendants.

(2) If the Claimant elects within fourteen days after receipt of notice of payment into Court to accept the sum or sums paid into Court, he shall give notice as in Form 19 with such modifications or variations as circumstances may require to each Defendant and thereupon all further proceedings in the action or in respect of the specified cause or causes of action, as the case may be, shall abate.

(3) The money shall not be paid out except in pursuance of an Order of a Judge dealing with the whole cause or causes of action.

(4) In an action for libel or slander against several Defendants sued jointly, if any Defendant pays money into Court, the Claimant may within fourteen days elect to accept the sum paid into Court in satisfaction of his claim against the Defendant making the payment and shall give notice to all the Defendants as in Form 19 with such modifications or variations as circumstances may require.

(5) The Claimant may tax his costs against the Defendant who has made such payment in accordance with sub-rule 3 in Rule 2 of this Order and the action shall abate against that Defendant.

(6) The Claimant may continue with the action against any other Defendant but the sum paid into Court shall be set off against any damage awarded to the Claimant against the Defendant or Defendants against whom the action is continued.

A person made a Defendant to a Counterclaim may pay money into Court in accordance with the foregoing Rules, with necessary modifications.

(1) In any proceeding in which money or damages is or are claimed by or on behalf of a person under legal disability suing either alone or in conjunction with other parties, no settlement, compromise, payment or acceptance of money paid into Court, whether before, at or after the trial, shall as regards the claims of any such person be valid without the approval of a Judge.

(2) No money (which expression for the purpose of this Rule includes damages) in any way recovered, adjudged, ordered, awarded or agreed to be paid in any such proceedings in respect of the claims of any such person under legal disability whether by Judgement, settlement, compromise, payment into Court or otherwise, before, at or after the trial, shall be paid to the Claimant or to the guardian of the Claimant or to the Claimant’s Legal Practitioner unless the Judge shall so directs.

(3) (a) All monies so recovered, adjudged, ordered, awarded or agreed to be paid shall be dealt with as the Judge shall direct.
(b) The directions thus given may include any general or special directions that the Judge may deem fit to give, including:
(i) directions on how the money is to be applied or dealt with;
(ii) any payment to be made either directly or out of money paid into Court to the Claimant, or to the guardian in respect of monies paid or expenses incurred;
(iii) maintenance or otherwise for or on behalf of or for the benefit of the person under legal disability or otherwise; and
(iv) payment to the Claimant’s Legal Practitioner in respect of costs or of the difference between the party and Legal Practitioner and client costs.

Every application or notice for payment into or transfer out of Court, shall be made on notice to the other side.