Full legislation
s.30
Defence of tender before action
(1)
Notwithstanding any rule of law to the contrary, in proceedings for a monetary claim, whether liquidated or unliquidated, it is a defence for the defendant to prove that before the claimant commenced the proceedings, the defendant had unconditionally offered to the
claimant—
(a)
the amount due where the claim is liquidated; or
(b)
an amount sufficient to satisfy the claim where the claim is unliquidated.
(2)
The defendant is not entitled to rely on the defence under subsection (1) unless, before serving his defence on the claimant, he
has—
(a)
made a payment into court of the amount offered; and
(b)
notified the claimant of the payment into court.
(3)
This section does not apply in relation to proceedings commenced before the
commencement
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of this section.