“…I come finally to the decision of this court in Emmott v. Michael Wilson & Partners Ltd (No 3) [2017] EWCA Civ 367; [2017] 1 WLR 4330. Of the cases cited to us, this is closest on its facts to the instant case and, mirabile dictu, it appears to be the first case concerning a payment into cour…”
“…ins the property in the money, although of course such interest is subject to the security interest that the payment in gives to the other party. The report in [2017] 1 WLR 4330 records that Sherratt was cited to the court but the judgment makes no mention of it. It is inconceivable that the citation of Sherratt did not include the two…”