Interim Payment Flashcards
CPR?
CPR 25
What does interim mean?
Interim is a Latin adverb meaning “in the meantime.” The first part, inter means “between.” Interim is the time between.
In law - a temporary order of the court pending a hearing, trial, a final order or while awaiting an act by one of the parties.
What is it?
Want some money now, don’t wanna wait 3 years until i get the whole amount of what I’m owed.
When does it apply?
When you’ve won part of the case. If you won the whole case, wouldn’t be interim, it would be the end of the trial
How to get interim payment?
- D admitted part of the case
- Court given judgment on part of the case
- Likely to obtain judgment if it does go to trial
Meaning of substantial amount?
C would obtain judgment for substantial amount only because no point having IP for a small amount;
wouldn’t have a claim for a total of £200 and ask for IP of £100, its pointless
Insurance?
Only need insurance if 2 Ds or more
Conditions to be satisfied for IP?
CPR 25.7 -
1. C seeking order for possession of land
2. If case went to trial, D would be liable
3. C would obtain judgment for substantial amount of money
4. All Ds are insured (if 2+)
Examples of anything interim?
SJ and Security of costs = both have no trial/without full trial.
- Submission on facts
- Might have a hearing
- Can be decided on the papers