Stay on payment of costs
5.09 Stay on payment of costs
(1) Where in a proceeding commenced by writ the plaintiff claims a debt only, the writ shall be endorsed with a statement of the amount of the debt and the amount claimed for costs and a statement that the proceeding will come to an end if, within the time limited for filing an appearance, the defendant pays the amounts so claimed to the plaintiff, if the plaintiff sues in person, or his solicitor if the plaintiff sues by a solicitor.
(2) Where a writ is endorsed in accordance with subrule (1) and the defendant pays the amounts claimed within the time limited for filing an appearance, then, except as provided by subrule (3), the proceeding shall come to an end.
(3) The defendant may, notwithstanding the payment, have the costs taxed and, if more than
20% is disallowed, the plaintiff's solicitor shall pay the costs of taxation.
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