Interim Payments

Question 1

Which part of the CPR deals with Interim Payments?

Answer 1

Part 25.6

Question 2

When can you apply for an interim payment?

Answer 2

Interim payments cannot be applied for before the end of the period for filing an acknowledgment of service applicable to the defendant against whom the application is made.

Question 3

What do you do to apply for an interim payment?

Answer 3

A copy of an application notice for an order for an interim payment must –

be served at least 14 days before the hearing of the application; and

be supported by evidence.

Question 4

What evidence is needed to support an interim payment application?

Answer 4

An application for an interim payment of damages must be supported by evidence dealing with the following:

a. the sum of money sought by way of an interim payment,

b. the items or matters in respect of which the interim payment is sought,

c. the sum of money for which final judgment is likely to be given,

d. the reasons for believing that the conditions set out in rule 25.7 are satisfied,

e. any other relevant matters,

f. in claims for personal injuries, details of special damages and past and future loss, and

g. in a claim under the Fatal Accidents Act 1976, details of the person(s) on whose behalf the claim is made and the nature of the claim.

Question 5

When will the court award an interim payment?

Answer 5

1. When liability is admitted.
2. When the claimant has obtained judgment for liability with damages to be assessed.
3. Where the court is satisfied that at trial the claimant will win a substantial sum.

Question 6

Are Interim payments disclosable?

Answer 6

No they must not be disclosed to the trial judge until after judgment is handed down.

Question 7

How are interim payments dealt with in judgments?

Answer 7

The Judge must record that an interim payment(s) has been made, and net these off against any further damages due.