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CP II - Payment Into Court Cheat Sheet (DRAFT) by

Order 22 Rules of the Supreme Court

This is a draft cheat sheet. It is a work in progress and is not finished yet.

GENE­RAL

Order 22 RSC
WHO
By party against who a debt or damages is brought to 'entice' the other prty to accept the sum in satisf­action of the claim.
WHAT
An offer to dispose of the claim on terms.
WHEN
Anytime after entry of Appearance O22 R1(1)
WHY
To put pressure on the other party to bring action to an end.
HOW
Serve Notice on other party. Send letter to Registrar enclosing cheque and state what it is for.
Types of Claims
Debts or Damages
Effect of acceptance of Payment In
Action is settled as if payment under a compro­mise.
Does not imply an admission on merits of the case
AMOUNT
Should be between the minimum and maximum to entice the Plaintiff.

TENDER

The perfor­mance of one party to an agreement of his obligation to pay money or deliver goods and the refusal of the other party to accept money or goods.
TENDER arises where the contract cannot be completely performed.
Can be raised as Defence if the party seeking to perform the contract through his paymen­t/d­elivery makes a payment in court before he files the Defence.
WHEN Can only be raised as Defence if he paid the same amount into Court that he said he tendered.

COSTS

Acceptance of Payment In
P entitled to costs up to time of acceptance of payment in.
Taxation of Costs
Taxed on standard basis and paid by D up to time that he is served with notice of accept­ance.
Non Acceptance
Case goes to trial and liability of costs will follow the usual course.
Judgment is less than Payment In
Usual for Court to make a split order for costs. P will have his costs taxed up to time of payment in but thereafter liable to D's costs.
Split Cost
Even though P had right of action and won some award, he acted unreas­onably by not accepting a proper offer.
Judgment is same as Payment In
D is entitled to costs after Payment In.
 

PROC­EDURE

1. Letter to Registrar of Supreme Court enclosing cheque. State what it is for.
2. File Notice and serve on Plaintiff.
3. Plaintiff has 3 days to acknow­ledge receipt in writing.

NON DISCLO­SURE

Payment In should NOT be disclosed to the Judge. He must remain neutral and unbiased.
If disclosed by applic­ation (because trial going bad for P) or by inadve­rtence, Judge has discretion to continue to hear case or refer it.
If liability has been decided but not quantum, any party may disclose to the Payment In but not the quantum of the Payment In.

EMBA­RRA­SSM­ENT

It must be possible to determine what the payment applies to.

WITH­DRAWAL OF PAYMENT IN

Leave Required - O22 R1(3)
At the Judicial Discretion of the Court whether to allow and on what terms.
Leave may be granted if:
1. The D can show good reason (new facts);
2. New Judicial Decision;
3. Mistaken meaning of statement of claim
4. Character of litigation has changed (eg. increase of a counte­rclaim)

INTEREST UNDER RSC

Payment In SHOULD include interest in accordance with Civil Procedure (Award of Interest) Act

ACCE­PTANCE OF PAYMENT IN

Time
Within 21 days of receipt of Notice of Payment In BUT before trial O22 R3(1)
 
Where trial has begun P may accept within 2 days of receipt of Notice if before Judge begins giving Judgment or Summing Up O22 R3(2).
Fee
Small payment to Bahamas Treasury Department

ORDER FOR PAYMENT OUT

Order Required When:
1. Money was paid in by some but not all D's sued jointly
2. There is a Defence of Tender before action
3. In satisf­action of a action under Fatal Accidents Act or where more than 1 person is entitled to the money.
REMEMBER Where the person is under a disability (Patie­nt/­Minor) an Order for payment out must be obtained.

LATE ACCEPT­ANCE

After the time has passed for accept­ance, the Court will only allow late acceptance if no substa­ntial alteration in the risk of the litiga­tion.

EFFECT OF PAYMENT