Page 1023 - IOM Law Society Rules Book

PART 7: CASE MANAGEMENT

CHAPTER 7: PAYMENTS INTO COURT

7.67 Interpretation
In this Chapter ‘money’ includes securities.

7.68 Money paid into court under a court order (37.1)
A party who makes a payment into court under a court order must—
(a) serve notice of the payment on every other party; and
(b) in relation to each such notice, file a certificate of service.

7.69 Money paid into court where defendant wishes to rely on a defence of tender
before claim (37.2)
(1) Where a defendant wishes to rely on a defence of tender before claim he must
make a payment into court of the amount he says was tendered.
(2) If the defendant does not make a payment in accordance with paragraph (1),
the defence of tender before claim is not available to him until he does so.

7.70 Payment into court under Trustee Act 1961 (PD37.6)
(1) A trustee wishing to make a payment into court under section 62 of the
Trustee Act 1961 must file a witness statement or affidavit setting out —
(a) a short description of —
(i) the trust; and
(ii) the instrument creating the trust, or the circumstances in which the
trust arose;
(b) the names of the persons interested in or entitled to the money to be paid into
court, with their address so far as known to him;
(c) a statement that he agrees to answer any inquiries which the court may make
or direct relating to the application of the money; and
(d) his address for service.
(2) If a trustee pays money into court, unless the court orders otherwise he must
immediately serve notice of the payment into court on every person interested in or entitled to
the money.

7.71 Payment out of money paid into court (37.3, PD37.3)
(1) Money paid into court under a court order or in support of a defence of tender
before claim may not be paid out without the court’s permission except where—

(a) an offer to settle is accepted without needing the permission of the court; and
(b) the defendant agrees that a sum paid into court by him should be used to
satisfy the offer (in whole or in part).
(2) On an application for permission, the application notice must state the
grounds on which the order for payment out is sought.
(3) Where the court gives permission, it shall include a direction for the payment
out of any money in court, including any interest accrued.
(4) Where permission is not required to take money out of court, the requesting
party must file a request for payment containing the following details —
(a) where the party receiving the payment is legally represented —
(i) the name, business address and reference of his advocate,

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