Citation, commencement, interpretation and extent

1.—(1) These Rules may be cited as the Court Funds (Amendment) Rules 2026 and come into force on 29th June 2026.

(2) In these Rules, a reference to a rule by number alone means the rule so numbered in the Court Funds Rules 2011(2).

(3) These Rules extend to England and Wales.

Amendments to the Court Funds Rules 2011

2. The Court Funds Rules 2011 are amended in accordance with rules 3 and 4 of these Rules.

Amendment to rule 11

3. In rule 11 (interest bearing accounts)—

(a)after paragraph (1) insert—

“(1A) Money shall not be invested in a special account unless it is money to which a child or person who lacks capacity is entitled.”.

Amendment to rule 27

4. For rule 27 (payment under CPR rule 37.3 (payment out of money paid into court)) substitute—

Payment under CPR rule 37.3 (payment out of money paid into court)

27.—(1) This rule applies where—

(a)a payment is to be made to a claimant out of a fund in court under CPR rule 37.3(3); and

(b)the permission of a court is not required for the payment.

(2) Subject to rule 28(3), where a defendant has deposited money under a court order or in support of a defence of tender before claim and a CPR Part 36 offer is subsequently accepted, the Accountant General shall make a payment from a fund in court if provided with—

(a)where rule 22A(1) does not apply—

(i)a written request from the claimant; and

(ii)written confirmation from the defendant that all or part of the fund in court may be used to satisfy the offer in whole or in part; or

(b)where rule 22A(1) applies—

(i)an electronic request from the claimant; and

(ii)an electronic copy of the confirmation from the defendant that all or part of the fund in court may be used to satisfy the offer in whole or in part.

(3) The Accountant General shall pay any accrued interest remaining in court following a payment under paragraph (2) or rule 28(2) to the defendant.

(4) The Accountant General may not make any payment under this rule where more than one defendant is sued jointly and not all of the defendants have deposited money in court unless—

(a)the claimant has also discontinued the claim against the defendants who have not deposited money in court; and

(b)the Accountant General is provided with a copy, either by post or, where rule 22A(1) applies, by electronic means, of—

(i)the notice of discontinuance; and

(ii)the written consent to the discontinuance of each of those defendants.”.