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(6)
When exercising its power under paragraph (5) the court must have regard to—
(a)
the amount in dispute; and
(b)
the costs which the parties have incurred or which they may incur.
(6A)
Where a party pays money into court following an order under paragraph (3) or (5),
the money shall be security for any sum payable by that party to any other party in the
proceedings, subject to the right of a defendant under rule 37.2 to treat all or part of
any money paid into court as a Part 36 payment.
(7)
A power of the court under these Rules to make an order includes a power to vary or
revoke the order."
Moreover, in furtherance of the proactive stance courts are required to take, CPR 3.3
empowers the court to make such orders of its own initiative unless the rule in
question provides otherwise.
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