Consignation ( payment into court with notice to the creditor ) appears to have fallen into desuetude, and is in any event impossible or impracticable in many cases ( as in the case where perishables are to be delivered ).
2.
They noted that the litigation between Mr Johnson and Gore Wood had been ongoing for nearly four and half years before the defendant firm of solicitors sought to strike out the claims on this basis, which was reflective of the parties common understanding that those claims might be pursued, and during that time pleadings had been considerably advanced and they had even made a payment into court.
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