Interim payments Flashcards
What is the purpose of an interim payment?
For a claimant wishing to claim advanced payment of what he believes he will win in damages
When can the claimant apply for an interim payment?
Once the period for filing an AOS is over
Can the court adjust interim orders after they have been made?
Yes
If judgment is less than the interim payment what can be awarded?
Interest on the overpayments
Can the claimant make more than one application for an interim payment?
Yes
The court may make an order for an interim payment when one of the following conditions are satisfied. List the conditions
- D has admitted liability to pay;
- C already has judgment, with damages yet to be assessed or with a sum or money other than costs to be assessed;
- The court is satisfied that if the claim went to trial, C would obtain judgment against D (D would be found liable) for a substantial amount against the D, whether or not that D is the only D or one of a number of D’s;
- C wants an order for possession of land and the court is satisfied that if the case went to trial, D would be liable to pay a sum of money for her occupation and use of the land whilst this claim was pending (even if the claim for possession against her fails).
- Where there are 2 or more Ds and an order for an interim payment is sought against one or more of them and the court is satisfied that if the matter proceeds to trial, C would obtain judgment for a substantial amount of money against at least one of the Ds (but the court cannot determine which); and
All the defendants are either - insured; or
- the motor insurance bureau will meet the liability; or
- the defendant is a public body.
When are interim payments disclosed to the trial judge?
When all questions of liability and quantum have been decided. (Unless D agrees to it being shared before)
The procedure for interim payments is the same with slight differences as what other application?
Summary judgment
The evidence to support an application for an interim payment is set out in 25BPD.2. What does it contain?
- The amount sought
- the items regarding which it is sought
- the likely amounts in final judgment
- the reasons for believing that one of the grounds for applying is satisfied
- any other relevant matters
- if PI, details of special damages and past and future loss
- if a fatal accident, details of the person on whose behalf the claim is made and the nature of the claim; and
- exhibit any documents in support including the medical reports.
The court must not order an interim payment what?
More than a reasonable proportion of the likely amount of the final judgment
What must the court take into account when ordering the amount of any interim payment?
- Any contributory negligence by C
- Any relevant set-off or counterclaim by D
Can the court make an interim payment in installments?
Yes
What powers does the court have when it has already made an interim payment?
- Order to adjust (vary or discharge the order of the interim payment)
Can the court vary an interim payment without an application being made by either part?
Yes - the court may make the order when it disposes of the claim or any part of it.
Where D has been ordered to make an interim payment, or she has in fact made one (whether voluntarily or under an order) the court may make an order to adjust the interim payment. What type of things can the court order?
- order all or part of the interim payment to be repaid
- vary or discharge the order for the interim payment
- order D to reimburse, either wholly or partly another defendant who has made an interim payment. The defendant to be reimbursed must have made the interim payment in relation to a claim in respect of which she has made a claim against D for a contribution indemnity or other remedy. The claim or part to which the interim payment relates must not have been discontinued or disposed of, and the conditions to be satisfied and matters to be taken into account for interim payments.
