Wigg & Co - Cases involving money claims, where payments into Court have not been made in accordance with Part 36.3 CPR.
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Crouch -v- Kings Health Care NHS Trust
("Murray -v- Blackburn Hyndburn") and ("Rebel Valley Health Care NHS Trust"). Times Law Reports, 9th November 2004; LTL 15/10/2004 Court of Appeal.
Nothing to be lost and potentially everything to be gained from making an offer to settle in writing at any stage, although payment into Court remains the best protection for costs. The case is open for discussion in a very uncertain area, namely the effects of a Part 36 offer to settle as opposed to a payment into Court. After ("Amber -v- Stacey 2001"), most Court's took the view that unless their was an actual payment into Court, offers to settle in money claims provided little or no protection to the Defendant at all. It is clear there is now a softening of the previously perceived necessity to pay into Court.
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