Interim Payment Flashcards
Interim Payment are when C wants to claim an advance payment of what he believes he will in damages.
An Interim payment can only be applied by C after the end of the period of filing AOS
Interim Payment (Part 23)
1. The application are made on notice to D
2. Must be supported by evidence
-amount sought
-money used for
-reasons for believing the relevant ground is satisfied
-Pi claim, details of special damges
Interim Payment MAY only be ordered if
- D has ADMITTED LIABILITY to pay damages or some other sum of money to C
- C has obtained judgment against D for dmgs with sum yet to be assessed
- The court is satisfied that if the claim when to trial C would obtain a substantial amount of money from D
- C seeks possession of land
Serving Interim application notice
Rmbr that for Interim Application is to serve the application notice at least “3 clear days” before the court is to deal with the application of interim application hearing
Serving Interim Payment Application
14/7/3 rule
- R must be given at least 14 clear day notice of the date fixed for hearing
- At leas 7 days before the hearing, R files, then serves on A WRITTEN EVIDENCE in response and the application notice shld draw R attention to this
- At least 3 clear days, Appelant files then serves on Respondent written evidence in reply before the hearing.
Interim Payment Orders
- When making interim payment
- The court must not order an interim payment of more than A REASONABLE PROPORTION of the likely amount of the final judgment
- The court must take into account when ordering the amount of any interim payment, any CONTRIBUTORY NEGLIGENCE by C and any relevant SET OFF/COUNTERCLAIM by D
What if dring proceedings, C becomes aware of the need to find out the identity of another potential D
Apply for Norwich Phramacal Order this will be a Part 23 application.
So need serve application notice on the other side, with evidence and a draft of the requested order.
