Acceptance by plaintiff
20.15 Acceptance by plaintiff
(1) A plaintiff served with a notice of deposit may, in accordance with this rule, accept money paid into the Court in satisfaction of the claim in respect of which the defendant paid the money into the Court.
(2) Where a defendant files a notice of deposit in answer to a claim before the beginning of the hearing of the proceedings, the plaintiff may accept the money in satisfaction of the claim:
(a) not later than 14 days after service of that notice on the plaintiff; and
before the beginning of the hearing,
by filing and serving a notice of acceptance in accordance with Form 20C.
Where a defendant:
(a) files a notice of deposit in answer to a claim after the beginning of the hearing of the proceedings; or
(b) by a notice in accordance with Form 20D served on the plaintiff after the hearing begins, confirms a notice of deposit,
the plaintiff may, subject to subrule (4), accept the money in satisfaction of the claim not later than 2 days after service on him or her of the relevant notice by:
announcement to the Court during the hearing; and
(d) filing a notice of acceptance in accordance with Form 20C on the day of the announcement.
(4) A plaintiff is not entitled to accept money under subrule (3) after the Judge gives his or her decision or begins to give his or her reasons for decision.
(5) A defendant who serves notice of confirmation under subrule (3)(b) must file the notice on the day of service.
(6) Where a plaintiff sues in respect of more than one claim and he or she accepts money paid into the Court in answer to one or more of the claims, but not all of them, the plaintiff may, by filing a notice (which may be combined with his or her notice of acceptance), abandon all causes of action other than the cause or causes of action to which the acceptance relates.
(7) Where a plaintiff sues 2 or more defendants in a claim against them jointly and he or she accepts money paid into the Court by one or more but not all of those defendants in answer to the claim, the plaintiff may, by filing a notice (which may be combined with his or her notice of acceptance), abandon his or her claim against the other defendant or all those other defendants.
(8) Subject to rule 20.17, a plaintiff who accepts money under this rule is entitled to receive payment of the money without an order of the Court.
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