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Civ - Litigation & Evidence > 4.1 Interim payments > Flashcards

4.1 Interim payments Flashcards

1
Q

Which Part of CPR deals with interim remedies including payments?

A

CPR 25

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2
Q

What is an interim payment?

A

CPR 25.1(1)(k)
an order … under rule 25.6 for payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay.

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3
Q

Who may claim an interim payment?

A

The claimant. (Interim payments are defined in CPR 25.6 as payments by the defendant.)

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4
Q

What should a claimant do before seeking a court order for an interim payment?

A

Ask the defendant to agree a voluntary interim payment.

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5
Q

Where are the conditions for the court to award interim payments set out?

A

CPR 25.7(1)

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6
Q

What are the general conditions for the court to award an interim payment?

A

CPR 25.7(1)
where any of the following conditions are satisfied—
(a) [admission]
the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;
(b) [judgment]
the claimant has obtained judgment against that defendant for damages to be assessed or for a sum of money (other than costs) to be assessed; or
(c) [substantial damages likely]
it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment whether or not that defendant is the only defendant or one of a number of defendants to the claim.

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7
Q

What is the special condition for the court to award an interim payment in land possession cases?

A

CPR 25.7(1)(d)(ii)
the court is satisfied that, if the case went to trial, the defendant would be held liable (even if the claim for possession fails) to pay the claimant a sum of money for the defendant’s occupation and use of the land while the claim for possession was pending;

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8
Q

What is the special condition for the court to award an interim payment in a claim in which there are two or more defendants?

A

CPR 25.7(1)(e)
(i)
the court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants (but the court cannot determine which); and
(ii)
all the defendants are either—
(a)
a defendant that is insured in respect of the claim;
(b)
a defendant whose liability will be met by an insurer under section 151 of the Road Traffic Act 1988 or an insurer acting under the Motor Insurers Bureau Agreement, or the Motor Insurers Bureau where it is acting itself; or
(c)
a defendant that is a public body.

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9
Q

When may the claimant not apply for an interim payment?

A

CPR 25.6(1)
The claimant may not apply for an order for an interim payment before the end of the period for filing an acknowledgement of service applicable to the defendant against whom the application is made.

[Otherwise you can apply at any time.]

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10
Q

How many applications for an interim payment can the claimant make?

A

CPR 25.6(2)

The claimant may make more than one application for an order for an interim payment.

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11
Q

When is the deadline for serving notice of an application for an interim payment?

A

CPR 25.6(3)
A copy of an application notice for an order for an interim payment must—
(a)
be served at least 14 days before the hearing of the application

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12
Q

What must an application for an interim payment be accompanied by?

A

CPR 25.6(3)
A copy of an application notice for an order for an interim payment must—
(b)
be supported by evidence.

CPR 23.6 [draft order]
An application notice must state—
(a)
what order the applicant is seeking; and
(b)
briefly, why the applicant is seeking the order.

[??]
Court fee

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13
Q

When must the parties to an application for an interim payment file their statements of costs?

A

44 PD 9.5(4)(b)

… not less than 24 hours before the time fixed for the hearing.

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14
Q

What is the maximum amount that can be awarded as an interim payment?

A

CPR 25.7(4)
The court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment.

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15
Q

What factors may reduce the size of an interim payment?

A 
CPR 25.7(5)
The court must take into account—
(a)
contributory negligence; and
(b)
any relevant set-off or counterclaim.
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16
Q

What are the stages of an application for an interim payment?

A
  1. Issue
  2. Service - 14 days before hearing
  3. Respondent files and serves evidence in reply - 7 days before hearing
  4. Applicant files and serves evidence in reply - 3 days before hearing
  5. Both sides file statements of costs - statement of costs - 24 hours before hearing
  6. Hearing
17
Q

Which provision sets out what the evidence submitted by the applicant must show?

A

25B PD 2.1

18
Q

Which Rule deals with the court’s powers to adjust an interim payment after awarding it?

A

CPR 25.8

19
Q

What orders may the court make to adjust an interim payment after awarding it?

A

CPR 25.8(2)
The court may in particular—
(a)
order all or part of the interim payment to be repaid;
(b)
vary or discharge the order for the interim payment;
(c)
order a defendant to reimburse, either wholly or partly, another defendant who has made an interim payment.

20
Q

What can happen if the interim payment is worth more than the amount of damages awarded?

A

CPR 25.8(5)

the court may award him interest on the overpaid amount from the date when he made the interim payment.

21
Q

Does the court require an application in order to adjust an interim payment order?

A

CPR 25.8(4)
The court may make an order under this rule without an application by any party if it makes the order when it disposes of the claim or any part of it.

22
Q

What safeguards are in place to prevent the award of an interim payment biasing the trial?

A

CPR 25.9
The fact that a defendant has made an interim payment, whether voluntarily or by court order, shall not be disclosed to the trial judge until all questions of liability and the amount of money to be awarded have been decided unless the defendant agrees.

23
Q

What must the evidence submitted by the applicant show?

A

25B PD 2.1
(1)
the sum of money sought by way of an interim payment,
(2)
the items or matters in respect of which the interim payment is sought,
(3)
the sum of money for which final judgment is likely to be given,
(4)
the reasons for believing that the conditions set out in rule 25.7 are satisfied,
(5)
any other relevant matters,
(6)
in claims for personal injuries, details of special damages and past and future loss, and
(7)
in a claim under the Fatal Accidents Act 1976, details of the person(s) on whose behalf the claim is made and the nature of the claim.

24
Q

Which Rule sets out the different types of interim order that the court can make?

A

CPR 25.1

25
Q

Which Rule sets out the time when an interim order can be made?

A

CPR 25.2

26
Q

Which Rules set out the procedure for applying for an interim payment?

A

CPR 25.3 and 25.6

27
Q

Which Rule sets out the conditions to be satisfied for an interim payment?

A

CPR 25.7

28
Q

Which Rule sets out the powers of the court to adjust an interim payment?

A

CPR 25.8

29
Q

At what point in proceedings can an interim order be made?

A 
CPR 25.2(1)
An order for an interim remedy may be made at any time, including –
(a)
before proceedings are started; and
(b)
after judgment has been given.
30
Q

What must the evidence submitted by the applicant show?

A

25B PD 2.1
(1)
the sum of money sought by way of an interim payment,
(2)
the items or matters in respect of which the interim payment is sought,
(3)
the sum of money for which final judgment is likely to be given,
(4)
the reasons for believing that the conditions set out in rule 25.7 are satisfied,
(5)
any other relevant matters,
(6)
in claims for personal injuries, details of special damages and past and future loss, and
(7)
in a claim under the Fatal Accidents Act 1976, details of the person(s) on whose behalf the claim is made and the nature of the claim.

Civ - Litigation & Evidence (52 decks)

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