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Rules of the Superior Courts

Amendment to: Order 22
S.I. No. 328 of 2000: Rules of the Superior Courts (No. 5) (Offer of payment in lieu of lodgment) 2000


(1) The following shall be inserted as rule 14 of Order 22 of the Rules of the Superior Courts immediately after rule 13 thereof:
      "Offer of Payment in Lieu of Lodgment:

      14 (1) A party shall be regarded as a qualified party for the purposes of this rule if it is:


        (1) a Minister of Government; or

        (2) the Attorney General; or

        (3) the Government; or

        (4) the State; or

        (5) any party in respect of whom the State is providing an indemnity;

        (6) an indemnifier of any party and authorised to carry on business in the State as an insurance undertaking pursuant to the law for the time being in force; or

        (7) the Motor Insurers Bureau; or

        (8) the Visiting Motor Insurers Bureau.


      (2) Where a qualified party is entitled to make or increase a lodgment on his own behalf or on behalf of any other party under the foregoing rules or by order of the Court then such party may, in lieu of lodging any money in Court, make an offer of tender of payment to the other party or parties to the cause or proceedings.

      (3) Any tender offer of payment made hereunder shall be deemed to be a lodgment and to have the same effect as a lodgment and all the foregoing provisions of Order 22 shall apply mutatis mutandis to such tender offers as regards time for making and accepting same as they apply to a lodgment.

      (4) A tender offer shall be made in accordance with the Form No. 4A or 5A, in Appendix C, as appropriate, and shall state whether liability is admitted or denied and, subject to rule 7, shall be regarded as part of the pleadings. Notice of acceptance of the tender shall be in the Form No. 6A in Appendix C and the provisions of rule 4 shall apply thereto.

      (5) In any case in which a tender offer has been accepted, the party having made such offer thereupon being required to pay the sum specified, such sum specified shall be paid within four weeks of the date of receipt of notice of acceptance of same.

      (6) Any qualified party who has made a tender offer which has been accepted but who has failed to pay the sum specified in the said tender offer within the time required shall continue to be liable to pay the sum specified together with interest thereon at the rate fixed for judgments of the Court for each month or portion of the month for which the said sum or any part thereof remains unpaid.

      (7) Any party or qualified party shall have liberty to apply to the Court in relation to any tender offer or any matter relating thereto and the court may make such order or give such directions thereon as shall appear just and proper".

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