Rules of the Superior CourtsPayment into and out of court and tender
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No22-S.I. No. 229 Of 1990: Rules Of The Superior Courts (No. 3), 1990.
No22-S.I. No. 265 Of 1993: Rules Of The Superior Courts (No. 2) 1993
No22-S.I. No. 52 Of 1997: Rules Of The Superior Courts (No. 1), 1997.
No22-S.I. No. 328 Of 2000: Rules Of The Superior Courts (No. 5) (Offer Of Payment In Lieu Of Lodgment) 2000
No22-S.I. No. 517 Of 2004: Rules Of The Superior Courts (Personal Injuries Assessment Board Act, 2003) 2004
No22-S.I. No. 249 Of 2005: Rules Of The Superior Courts (Tenders Between Defendants) 2005
No22-S.I. No. 511 Of 2009: Rules Of The Superior Courts (Defamation) 2009
No22-S.I. No. 396 Of 2013: Rules Of The Superior Courts (Payments Into Court) 2013
No22-S.I. No. 255 Of 2016: Rules Of The Superior Courts (Chancery And Non-Jury Actions And Other Designated Proceedings: Pre-Trial Procedures) 2016
1. (1) In any action for a debt or damages or in an admiralty action the defendant may at any time after he has entered an appearance in the action and before it is set down for trial, or at any later time by leave of the Court, upon notice to the plaintiff, pay into Court a sum of money in satisfaction of the claim or (where several causes of action are joined in one action) in satisfaction of one or more of the causes of action.
(2) A defendant may once, without leave, and upon notice to the plaintiff, pay into Court an additional sum of money as an increase in a payment made under paragraph (1) hereof. Such notice must be given and payment made at least three months before the date on which the action is first listed for hearing. Such increased lodgement shall thereupon become the sum paid into Court and the date of such increased payment the date of the payment into Court. If such notice is not given, and such payment not made as aforesaid the payment made, under paragraph (1) shall be deemed to be the only payment into Court and this Order shall be construed accordingly.
(3) In actions for libel or slander, or where the defence raises questions of title to land or incorporeal hereditaments, money may not be paid into Court under this rule unless liability is admitted in the defence.
(4) In an action on a bond, covenant or agreement coming within the provisions of the Common Law Procedure Amendment Act (Ireland) 1853, section 145, payment into Court under this rule shall be admissible as to particular breaches only, and not to the whole action.
(5) Where 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 cause of action, unless the Court otherwise orders.
(6) The notice shall be in the Form No. 4 or No. 5, as appropriate, in Appendix C, and shall state whether liability is admitted or denied, and subject to rule 7, shall be regarded as part of the pleadings.
2. It shall be lawful for any defendant in any action for the recovery of land for non-payment of rent, before or at the time of delivering his defence, or where the defendant is not required to deliver a defence, before or at the time of filing an affidavit in answer to the plaintiff's claim, or at any later time by leave of the Court, upon notice to the plaintiff to pay into Court a sum of money for rent, with an undertaking to pay the costs then incurred when taxed and ascertained and in case of non-payment thereof to suffer judgement to be marked, and thereupon the plaintiff, if he shall not accept the said sum in full discharge of the action, with costs to be taxed by the proper officer, may proceed in the said action at his peril; and if upon trial of the issue it shall appear that no greater sum was due for rent at the time of the service of the summons than the sum paid into Court, the verdict shall be entered for the defendant.
3. With a defence or affidavit setting up a tender before action, the sum of money alleged to have been tendered must be brought into Court.
4. (1) Where money is paid into Court under rule 1 the plaintiff may, within fourteen days of the receipt of notice of payment into Court, or within such further period as may be agreed upon by the parties, accept the whole sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause or causes of action to which the specified sum or sums relate, by giving notice to the defendant in the Form No. 6 in Appendix C; and thereupon he shall be entitled to receive payment of the accepted sum or sums in satisfaction as aforesaid.
(2) Payment shall be made to the plaintiff or on his written authority to his solicitor, and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed.
(3) If the plaintiff 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 of the specified causes of action, and gives notice that he abandons the other cause or causes of action, he may after four days from payment out, unless the Court otherwise orders, tax his costs incurred to the date of giving notice to the defendant in accordance with the provisions of sub rule (1) hereof, and forty-eight hours after taxation may sign judgement for his taxed costs.
(4) This rule does not apply to admiralty actions.
5. If the whole of the money in Court is not taken out under rule 4, 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 and in pursuance of an order of the Court, which may be made at any time before, at, or after trial.
6. If the plaintiff does not accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in but proceeds with the action in respect of such claim or cause of action, or any part thereof, and is not awarded more than the amount paid into Court, then, unless the Judge at the trial shall for special cause shown and mentioned in the order otherwise direct, the following provisions shall apply:
(1) If the amount paid into Court exceeds the amount awarded to the plaintiff, the excess shall be repaid to the defendant and the balance shall be retained in Court.
(2) The plaintiff shall be entitled to the costs of the action up to the time when such payment into Court was made and of the issues or issue, if any, upon which he shall have succeeded.
(3) The defendant shall be entitled to the costs of the action from the time such payment into Court was made other than such issues or issue as aforesaid.
(4) The costs mentioned at paragraphs (2) and (3) hereof shall be set off against each other; and if the balance shall be in favour of the defendant, the amount thereof shall be satisfied pro tanto out of the money remaining in Court and, in so far as the money remaining in Court is not sufficient to satisfy the same, shall be recoverable from the plaintiff; or if the balance shall be in favour of the plaintiff, the amount thereof shall be recoverable from the defendant.
(5) Any money remaining in Court after satisfying the balance (if any) due to the defendant for costs as aforesaid shall be paid out to the plaintiff.
(6) If in any case the Court is of opinion that for the purposes of the preceding paragraphs of this rule it is not necessary to retain in Court the whole of the balance referred to in paragraph (1) it may order the payment out to the plaintiff of so much thereof as it deems proper.
(7) The amount awarded to the plaintiff shall be deemed to be satisfied by the application in manner aforesaid of the moneys paid into Court.
7. (1) The fact that money has been paid into Court under any of the preceding rules of this Order shall be stated in the defence, or where the defendant is not required to deliver a defence, in the affidavit filed in answer to the plaintiff's claim; but except in an action to which a defence of tender before action is pleaded no communication of the amount so paid into Court shall at the trial of any action be made to the Judge until all questions of liability and amount of debt or damages have been decided, and where an action (except as aforesaid) is tried by a Judge with a jury, no communication either of the fact that money has been paid into Court or of the amount thereof shall be made to the jury.
(2) Where the defendant has made a payment into Court under rule 1 (1) after his defence has been delivered or having filed an affidavit in answer to the plaintiff's claim, as the case may be, an amended defence shall be delivered or a supplementary affidavit shall be filed to comply with the provisions of paragraph (1) hereof. No order shall be required for such amendment or for the filing of such supplementary affidavit.
8. A plaintiff may, in answer to a counterclaim, pay money into Court in satisfaction thereof, subject to the like conditions as to costs and otherwise as upon payment into Court by a defendant.
9. Money paid into Court under an order of the Court shall not be paid out of court except in pursuance of an order of the Court: Provided that, where before the delivery of defence money has been paid into Court by the defendant pursuant to an order under the provisions of Order 37, he may (unless the Court shall otherwise order) by notice in writing appropriate the whole or any part of such money, and any additional payment if necessary, to the whole or any specified portion of the plaintiff's claim or if he pleads a tender may by his pleading appropriate the whole or any part of the money in Court as payment into Court of the money alleged to have been tendered; and the money so appropriated shall thereupon be deemed to be money paid into Court pursuant to the preceding rules of this Order relating to money paid into Court, or money paid into Court with a plea of tender as the case may be, and shall be subject in all respects thereto.
10. (1) In any cause or matter in which money or damages is or are claimed by or on behalf of an infant or a person of unsound mind suing either alone or in conjunction with other parties, no settlement or compromise or payment or acceptance of money paid into Court, either before or at or after trial, shall, as regards the claims of any such infant or person of unsound mind, be valid without the approval of the Court.
(2) No money (which expression for the purposes of this rule includes damages) in any way recovered or adjudged or ordered or awarded or agreed to be paid in any such cause or matter in respect of the claims of any such infant or person of unsound mind, whether by verdict or by settlement, compromise, payment into Court or otherwise, before or at or after the trial, shall be paid to the plaintiff or to the next friend of the plaintiff or to the plaintiff's solicitor unless the Court shall so direct.
(3) All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Court shall direct, and the said money or any part thereof may be so directed:—
The Forms Nos. 9 and 10 in Appendix E may be used in cases to which they are applicable.
(5) The proper officer of the Central Office shall on request from the County Registrar furnish to him free of charge copies of such documents as may be required by the Circuit Court in any cause or matter in which money shall have been paid or transferred under paragraph (3) (b) of this rule.
(6) Money paid into or transferred to the Circuit Court under this rule shall (subject to any order or direction that may be given in the judgement or order for payment or transfer thereof) be held, invested, applied or otherwise dealt with for the benefit of such plaintiff in such manner as the Circuit Court in its discretion thinks fit and in accordance with the Circuit Court Rules for the time being in force.
(7) Nothing in this rule shall prejudice the lien of a solicitor for costs.
(8) Subject to any order which may be made by the Court (whether on consent or otherwise) as to the costs of the plaintiff or plaintiffs in any such cause or matter, or as to the amount of such costs or the mode of payment thereof:—
(9) This rule shall apply mutatis mutandis to:—
11. Money paid into Court or investments made under the provisions of rule 10, and the dividends or interest thereon, shall be sold, transferred, or paid out to the party entitled thereto, pursuant to the order of the Court.
(i) The costs of the plaintiff, or if more than one, of all the plaintiffs in any such cause or matter or incident to the claims therein or consequent thereon shall, as regards costs ordered to be paid to such plaintiff or plaintiffs by the defendant or any other party to such cause or matter be taxed by the Taxing Master as between party and party;
(ii) The costs (if any) of the plaintiff or if more than one of all such plaintiffs not ordered to be paid by or recoverable from any other party shall be taxed by the Taxing Master as between solicitor and client on notice to the General Solicitor for Wards of Court, and if any portion of such costs be payable by any adult party to the cause or matter who is sui juris the Taxing Master shall certify the amount of such portion and the portions payable by such infant or person of unsound mind; and no costs other than those so certified shall be payable to the solicitor for any plaintiff in the cause or matter.
12. Money may be paid into Court under this Order by one or more of several defendants sued jointly or in the alternative upon notice to the other defendant or defendants. If the plaintiff elects within the time limited by this Order to accept the money paid into Court, he shall give notice as in rule 4 mentioned 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 be stayed and the money shall not be paid out except in pursuance of an order of the Court dealing with the whole costs of the action or cause or causes of action (as the case may be).
13. In any cause or matter in which damages are claimed under the Civil Liability Act, 1961, Part IV, money paid into Court under this Order shall not be paid out without an order of the Court.