Interim Payment Flashcards
Interim Payment: What is an interim payment?
a payment on account of damages, debt or other sum (except costs) which a defendant may be held liable to pay to a claimant.
Interim Payment: What are the conditions for an order of interim payments to be made?
- 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.
Interim Payment: What evidence is required in an application for an interim payment?
- 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,
Interim Payment: What additional evidence is required for an interim payment relating to PI?
- 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.
Interim Payment: What is the procedure for an interim payment?
- claimant should request voluntary payment first. Can do this at any time.
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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.
Interim Payment: When is the earliest that the claimant can apply to the court for an interim payment?
The end of the period for the defendant filing an acknowledgement of service.
Interim Payment: Can the claimant make more than one application for an interim payment order?
Yes
Interim Payment: Will an interim payment be disclosed to the trial judge
No, not until all questions of questions and quantum of liability have been decided.
Interim Payment: How much will an interim payment order be for?
No more that a reasonable proportion of the likely amount of the final judgement, taking into account any contributory negligence, set off or counterclaim.