Payments into Court must be made within the time limited by the order. Usually this is within 14 days of the service of the order on the solicitors for the defendant.
Rule 79.06 of the Supreme Court (General Civil Procedure Rules) 2005 provides that the Senior Master may order that a sum representing interest be paid into Court by the person who is responsible for any undue delay.
Consequently it is important that the solicitors for both the plaintiff and the defendant ensure that there is no undue delay in either:
- obtaining the approval of the compromise (summons must be issued within 30 days of the agreement between the parties – see Rule 15.08)
- procuring the authentication of the order
- service of the order
- the making of the payment into Court.
If the Senior Master finds that there has been a loss to the person under disability caused by undue delay, the person responsible will be liable to make a further payment into Court, but will be given an opportunity to be heard before such an order is made.