Interim Payment (Part 25 CPR) Flashcards
What is the purpose of an Interim Payment?
It allows a claimant to receive part of their compensation before trial if liability is sufficiently clear, preventing financial hardship caused by delays
What must a claimant prove under CPR 25.7?
The defendant has admitted liability; or
The claimant has already obtained a judgment against the defendant for damages, but the amount is still to be assessed; or
The court is satisfied that if the case went to trial, the claimant would obtain judgment for a substantial sum (excluding costs).
What is the timing requirement for an Interim Payment application?
A claimant cannot apply for an interim payment until the time for acknowledging service has expired.
Multiple applications may be made during proceedings if justified.
What is the procedure for applying for an Interim Payment?
Application Notice (N244) must be filed.
The application must be served at least 14 days before the hearing.
Supporting evidence must be provided, detailing:
The amount requested and its intended use.
The estimated final judgment amount.
Reasons demonstrating that the required legal grounds are met.
If the defendant wishes to contest the application, their response must be filed at least 7 days before the hearing.
The applicant may respond with further evidence, provided it is served at least 3 days before the hearing
What orders can the court make on an Interim Payment application?
Reject the application entirely.
Grant the application and specify the amount of the interim payment.
Order payment in a single sum or in instalments.
Impose conditions (e.g., requiring repayment if the claimant loses at trial).
Consider contributory negligence or counterclaims before setting the amount.
Does an Interim Payment affect the trial?
The trial judge is not informed of any interim payment unless the defendant consents.
This prevents the interim payment from influencing the judge’s decision on liability and damages.
