Plaintiff may take out money (Civil Form 28)
2.
(1) Where money is paid into Court under rule 1, the plaintiff may within fourteen days (of the receipt
of the notice of payment into Court or where more than one payment into Court has been made,
within fourteen days of the receipt of the notice of the last payment into Court), accept the whole
sum or anyone or more of the specific sum in satisfaction of the cause or causes of action to which
the specified sum or sums relate by giving notice to the defendant in Form 28 with such
modifications or variations as circumstances may require, and thereupon shall be entitled to receive
payments of the accepted sum or sums in satisfaction as aforesaid.
(2)
Payment shall be made to the plaintiff or on his written authority to his legal practitioner
and thereupon proceedings in the action or in respect of the specified cause or causes of
action (as the case may be) shall abate.
(3)
If the plaintiff accepts money paid into Court in satisfaction of his claims or if he accepts a sum or sums
paid in respect of one or more specified causes of action, and gives notice that he abandons the other
causes of action, he may after our days from payment out and unless a Judge otherwise orders, tax
his costs incurred to the time of payment into Court, and 48 hours after taxation may sign judgment
for his taxed costs.
(4)
Where in an action for libel or slander, the plaintiff accepts money paid into Court, either party
may apply, by summons to a Judge, for leave for the parties or either of them to make a statement
in open Court in terms approved by the Judge.
Money remaining in Court.
3.
If the whole of the money in Court is not taken out under rule 2, the money remaining in Court shall not
be paid out except in satisfaction of the claim or specified cause or causes of action in respect of
which it was paid m pursuance of an order of a judge which may be made at any time before,
during or after trial.
Several defendants.
4.
(1) Money may be paid into Court under rule 1 of this order by one or more of several
defendants sued jointly or in the alternative upon notice to the other defendant or defendants.
Civil Form 29
(2)
If the plaintiff elects within fourteen days after receipt of notice of payment into Court to accept
the sum or sums paid into Court, he shall give notice as in Form 29 with such modifications or
variations as circumstances may require to each defendant and hereupon all further
proceedings in the action or in respect of the specified causes of action (as the case may be)
shall abate.
(3)
The money shall not be paid out except in pursuance of an order of a judge dealing with the whole
cause or causes of action.
(4)
In an action for libel or slander against several defendants sued jointly, if any defendant pays money
into Court, the plaintiff may within fourteen days elect to accept the sum paid into Court in
satisfaction of his claim against the defendant making the payment and shall give notice to all the
defendants in Form 29 with such modifications or variations as circumstances may require. The