Costs consequences of payment into Court
20.20 Costs consequences of payment into Court
(1) Where, before the hearing of the proceedings begins, a plaintiff:
(a) accepts money paid into the Court by a defendant in answer to a claim;
(b) if applicable – abandons all the plaintiff's other claims against the defendant; and
(c) if applicable – abandons the claim against all other defendants sued on the claim jointly with the defendant paying the money into the Court,
after payment out and unless the Court orders otherwise, the plaintiff is entitled to a taxation of his or her costs in respect of the plaintiff's claim against the defendant who paid the money into the Court incurred before service of the notice of deposit of the money.
Where:
(a) a defendant who has counterclaimed pays money into the Court and in the notice of deposit states that the defendant takes into account the counterclaim with a view to its abandonment in the event the money is accepted; and
(b) the money is accepted before the hearing of the proceedings begins,
unless the Court orders otherwise, the defendant is entitled to a taxation of his or her costs in respect of the counterclaim incurred before service of the notice of acceptance.
(3) A party whose costs under this rule are not paid before the end of 21 days after the taxation of costs is completed may enter judgment for the taxed costs.
Part 21 Evidence generally
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