(1) The defence of tender is not available unless the defendant pays into —
(a) an interest-bearing account with the agreement of the claimant or the permission of the court; or
(b) court, the amount alleged to have been tendered within the period for filing a defence.
(2) If the claimant does not give notice accepting the payment into court within 28 days of service of the defence, the defendant may apply for payment out of the monies.
• Rule 10.3 states the period for filing a defence.
• Part 36 deals with payments into court.