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ARTICLE · 23 MAY 2018

Doctrine Of Payment Into Court

Elias Neocleous & Co LLC
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Order 22 of the Civil Procedure Rules provides that in any action for debt or damages, the defendant may at any time, on notice to the claimant, pay into court a sum of money ...

CyprusLitigation, Mediation & Arbitration

Introduction

Order 22 of the Civil Procedure Rules provides that in any action for debt or damages, the defendant may at any time, on notice to the claimant, pay into court a sum of money which it considers sufficient to satisfy the claim. Payment into court can be made as soon as an appearance has been filed, and until judgment is issued.

Except in the relatively rare case of the defence of tender before claim, payment into court is an attempt to reach a compromise, rather than a defence. In the words of Lord Justice Devlin:

"A payment into court is simply an offer to dispose of the claim on terms. The payment in implies no admission about the merits of the cause of action; there has been no adjudication on it, and therefore no estoppel is created."1

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