The payment into court is an effort to reach a settlement, as stated in a judgment issued by the Supreme Court on 14.3.2018, however, strictly speaking, it does not constitute a defence.
The Supreme Court interpreted it as generally relating to the procedure of the payment into court for a claim in an effort to bring an end to the continuation of the trial or to minimise its time.
That is so because the rule is that the court, in the exercise of its discretionary power to adjudicate costs, will order the plaintiff who insists to continue the action but who does not obtain more than the sum deposited by the defendant to pay all the costs of both sides created after the payment into court. Consequently, the Supreme Court accepted the appeal, set aside the judgment of the court of first instance and ordered the plaintiff to pay the costs of the trial after the payment into court, including the costs of the appeal.
Most common law jurisdictions allow a Defendant to secure a payment into court
from a Claimant, as a precondition to being permitted to continue to pursue a claim.
South Wales Police chose to make a payment into court
a month before trial because they realised that there was a real risk that they would lose at trial.
Ms James accuses her legal advisors of acting negligently, and says they failed to advise her properly on the payment into court
, and on the likelihood that her claim would fail, wrongly advised her that she was likely to establish liability on the basis of an expert witness, failed to advise her to accept the payment into court
, and failed to give weight to her clear wishes to accept the money.
'Having made the payment into court
he (Mr O'Brien) has chosen to take the payment on the basis that we would not apologise or accept liability.
The out-of-court settlement was made after the 45-year-old teacher's union accepted a payment into court
by the insurers of the governors of his school and Shropshire County Council.
Plaintiff becomes claimant, writ - claim form, pleading - statement of case, statement of claim or points of - particulars of claim, summons or motion - application, interrogatories and further and better particulars - requests for information, discovery - disclosure, leave of the court - permission of the court, minor/infant - child, in camera or in chambers - in private, next friend or guardian ad litern - litigation friend, payment into court
- Part 36 payment, subpoena - witness summons, taxation of costs - assessment of costs, taxing master - costs judge, Anton Piller order - search order, Mareva injunction - freezing injunction, inter partes - on notice, originating summons - alternative procedure, and ex parte - without notice
'I just hope the public can appreciate payment into court
was to prevent further costs to the rate payer, but that in no way would it be linked to liability or apology.
These damages were wiped out because the trial judge took the decision of awarding costs in favour of the bank, which had also made an inadequate payment into court and so the case was taken to the Court of Appeal in 2000.
It reduced the damages to below the payment into court, holding that they should be restricted to losses suffered just one year after the mistake happened, and not four years as in the previous judgment.