The following Personal Injury guidance note provides comprehensive and up to date legal information covering:
Payments into court are now made in only limited circumstances. These may include:
following an infant settlement
where some protection is required either on behalf of a child or protected party
following a conditional court order
As is the case in all litigation, the payment into court is no longer used specifically as a tactical measure relating to costs under the CPR 36 regime.
Once the settlement is approved the court has an obligation under CPR 21.11(2) to give directions as to how the damages are to be dealt with. In the past the usual course of action was for the court to invest it in the Special Investment Account (SIA) at the Court Funds Office (CFO). While this is still advisable in cases where some protection is required against the incompetence or dishonesty on the part of litigation friends or legal representatives, this will tend to be the exception. Where the settlement is small (ie under £5,000) it may no longer be the best course of action for the court to invest it in the SIA and the court may order the immediate payment out of the whole sum either to the litigation friend or to the child itself. In such an event it is advisable to provide the court with details of where
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