73.4 Payments into court and offers
Where the claimant claims against several defendants sued jointly, and accepts money paid into court under Part 37 or a written offer under Part 36 by any one or more but not all of those defendants, the claim must be stayed against that defendant or defendants only, but-
----(a) the sum recoverable under any judgment in favour of the claimant against any other defendant must not exceed the amount (if any) by which the amount of the damages exceeds the amount paid into court or the offer by the defendant or defendants against whom the claim has been stayed; and
----(b) the claimant is not entitled to any costs after the date of acceptance of the payment into court or the offer to settle unless either-
--------(i) the damages awarded exceed the amount paid into court or offered; or
--------(ii) the court is satisfied that there was reasonable ground to continue the claim against the other defendant.
Notes
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