jon+ukcrypto at unequivocal.co.uk
Fri Dec 5 03:18:47 GMT 2014
On Thu, Dec 04, 2014 at 07:24:09PM +0000, Nicholas Bohm wrote:
> The Royal Mint site gives a very brief explanation, which I don't think
> is authoritative and doesn't purport to be comprehensive.
> The Civil Procedure Rules don't say (and wouldn't be competent to say)
> that you cannot rely on the defence of tender unless you pay the money
> into court: all they do is provide the machinery for payment into
> court, without affecting the underlying law itself.
Sorry, but that's utterly wrong. They absolutely do say that, and if
you wish to claim that although they do say that, what they say is
somehow invalid and inapplicable, then that would be a fairly
extraordinary claim that would require some fairly impressive proof.
(1) Where a defendant wishes to rely on a defence of tender before
claim he must make a payment into court of the amount he says was
(2) If the defendant does not make a payment in accordance with
paragraph (1), the defence of tender before claim will not be
available to him until he does so.
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