Interim Payment

Question 1

An order for an interim remedy may be made even if proceedings have not yet started. True or false?

Answer 1

True

Question 2

The Court may grant an interim remedy on an application without notice if there is what? (CPR 25.3)

Answer 2

Good reason for not giving notice

Question 3

When is the first time a Claimant can apply for an interim payment?

Answer 3

The Claimant may not apply for an interim payment until the end of the period for filing an acknowledgment of service.

Question 4

What are the two conditions for service when a Claimant makes an application for an interim payment?

Answer 4

1. The application must be served at least 14 days before the hearing
2. The application must be supported by evidence

Question 5

What two things must a Respondent to an application for interim payment do if he wants to rely on evidence?

He must do what with the evidence and how many days before the hearing must the application be served

Answer 5

1. File the evidence
2. Serve copies on every other party to the application at least 7 days before the hearing

Question 6

If there is one defendant - what are the THREE conditions under which the Court may make an interim payment?

(ALOJSS)

Answer 6

1. The Defendant has admitted liability (Al)
2. The Claimant has obtained judgment (quantum to be assessed)
3. The Court is satisfied that, if the claim went to trial, the Claimant would obtain judgment for a substantial amount of money against the Defendant against whom he is seeking an order

Question 7

Complete 25.7(1)(c):

The Court is satisfied that, ___________, the Claimant would obtain judgment for a substantial sum of money against the Defendant from whom he is seeking an order for an inteirm payment

Answer 7

___________ = if the claim went to trial

Question 8

Complete 25.7(1)(c):

The Court is satisfied that, if the claim went to trial, the Claimant would ___________ for a substantial sum of money against the Defendant from whom he is seeking an order for an inteirm payment

Answer 8

____________ = obtain judgment

Question 9

Complete 25.7(1)(c):

The Court is satisfied that, if the claim went to trial, the Claimant would obtain judgment for a ____________ of money against the Defendant from whom he is seeking an order for an inteirm payment

Answer 9

_________ = substantial sum

Question 10

What is the test the Court will apply for interim payments if there are more than one defendants and the Court is satisfied that, if the claim went to trial, the Claimant would obtain judgment for a substantial sum against one defendant, but does not know which?

Answer 10

If all the defendants are insured or public bodies the Court may make an order for an interim payment

Question 11

How big an interim payment will the Court award the Claimant if CPR 27.5 is made?

Answer 11

The Court will make an interim payment for no more than a reasonable proportion of the likely amount of the final judgment.

Question 12

When assessing interim payments and what would be a “reasonable sum” or a “substantial sum”, what must the Court take into account?

Answer 12

-Contributory negligence
-Any relevant set-off or
-Counterclaim

Question 13

When a Court has ordered an interim payment the Court may do what three things?

Answer 13

1) Order part or all of the interim payment to be repaid
2) Vary or dicharge the order for the interim payment
3) Order one defendant to reimburse another

Question 14

Complete CPR 25.9:

“The fact that a defendant has made an interim payment _____________ until all questions of liability and quantum have been decided unless the Defendant agrees.”

Answer 14

_______ =shall not be disclosed

Question 15

What are the conditions for security for costs?

FUnAdAs?

Answer 15

The Claimant is:

Foreign (Resident out of the jurisdiction and not in an EU state)
Unable to pay (a company who there is reason to believe will be unable to pay the defendant’s costs)
Address changed since claim with view to evading litigation consequences
Assets (The Claimant has taken steps in relation to his assets which would make it difficult to enforce a costs order against him)

Question 16

Which type of Judges may make High Court interim injunctions?

Answer 16

High Court judges.

Question 17

Which judge may make County Court interim injunctions?

Answer 17

The Judge with trial jurisdiction. Generally this will be a circuit judge.

Question 18

When will an interim injunction be classified as urgent?

Answer 18

Where it is not possible to give the requisite three days clear notice (PD25A2.2)

Question 19

When should notice be given of an application and evidence for an interim injunction?

Answer 19

The application notice and evidence in support must be served as soon as practicable after issue and in any event not less than 3 days before the court is due to hear the application

Question 20

Where should an application for a pre-action interim injunction be made?

Answer 20

In the Court in which the substantive proceedings are likely to be issued

Question 21

What two things should be attached to the application notice for an interim injunction?

Answer 21

1. Evidence ((CPR 25.3)

2. A draft order (PD25A)

Question 22

What may the Court do if a pre-action interim injunction order is granted?

Answer 22

Give directions requiring a claim ot be commenced (CPR 25.2(3))

Question 23

What are the four tests in American Cynamid?

Answer 23

1. Is there a serious question to be tried?
2. Could the Claimant be adequately compensated in damages?
3. Would damages be an adequate remedy to the Defendant?
4. Can the Claimant give an undertaking in damages?
5. What is the balance of convenience?

Question 24

In which scenarios will the American Cynamid rules not apply?

Answer 24

Where:

1. The injunction will be the final disposal of the claim
2. In defamation cases where the Defendant pleads justification
3. In trade union trade dispute cases
4. Where there is a valid restrictive covenant