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Proceedings under Civil Law Act 1909: Apportionment by Court (P. 11, r. 11)

Family Justice (Probate and Other Matters) Rules 2024

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—(1) Where a single sum of money is paid into Court under Order 14, Rule 1 of the Rules of Court 2021, in satisfaction of causes of action arising under the Civil Law Act 1909 and that sum is accepted, the money must be apportioned between the different causes of action by the Court either when giving directions for dealing with it under Rule 10 (if that Rule applies) or when authorising its payment out of Court.(2) Where, in an action in which a claim under the Civil Law Act 1909 is made by or on behalf of more than one person, a sum in respect of damages is adjudged or ordered or agreed to be paid in satisfaction of the claim, or a sum of money paid into Court under Order 14, Rule 1 of the Rules of Court 2021, is accepted in satisfaction of the cause of action under the Civil Law Act 1909, it must be apportioned between those persons by the Court.(3) The reference in paragraph (2) to a sum of money paid into Court is to be construed as including a reference to part of a sum so paid, being the part apportioned by the Court under paragraph (1) to the cause of action under the Civil Law Act 1909.

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