Interim Payment Flashcards

1
Q

Interim Payment: What is an interim payment?

A

a payment on account of damages, debt or other sum (except costs) which a defendant may be held liable to pay to a claimant.

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2
Q

Interim Payment: What are the conditions for an order of interim payments to be made?

A
  • The defendant has admitted liability to pay damages.
  • The claimant has obtained a judgement against the defendant for damages to be assessed.
    .
  • It is satisfied that, if the claim went to trial, the claimant would obtain judgement for a substantial amount of money against the defendant, whether or not the defendant is the only defendant.
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3
Q

Interim Payment: What evidence is required in an application for an interim payment?

A
  • how the conditions for making an interim payment are satisfied. 🤷‍♀️
  • The sum of money for which final judgement will be given,🎁
  • The sum of money sought by way of an interim payment,💰
  • The items or matters in respect of which the interim payment is sought,📝
  • Any document in support of the claim.📑
  • Any other relevant matters,
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4
Q

Interim Payment: What additional evidence is required for an interim payment relating to PI?

A
  • details of the special damages and past and future loss, and
  • in fatal accidents, details of the person(s) on whose behalf the claim is made and the nature of the claim.
  • Any documents in support of the claim including medical reports.
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5
Q

Interim Payment: What is the procedure for an interim payment?

A
  • claimant should request voluntary payment first. Can do this at any time.
    🤗

Same rules as for summary judgements apply.

  • Service must be at least 14 days before the hearing.
  • The Respondent must file at court and service on the applicant their evidence at least 7 days before the hearing.
  • The applicant must file at court and serve on the respondent their evidence in reply at least 3 days before the hearing.
  • Both parties must file and exchange a statement of costs 24 hours before the hearing.
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6
Q

Interim Payment: When is the earliest that the claimant can apply to the court for an interim payment?

A

The end of the period for the defendant filing an acknowledgement of service.

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7
Q

Interim Payment: Can the claimant make more than one application for an interim payment order?

A

Yes

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8
Q

Interim Payment: Will an interim payment be disclosed to the trial judge

A

No, not until all questions of questions and quantum of liability have been decided.

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9
Q

Interim Payment: How much will an interim payment order be for?

A

No more that a reasonable proportion of the likely amount of the final judgement, taking into account any contributory negligence, set off or counterclaim.

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