Interim Payments

Question 1

What is the 3 part test for an Interim Payment?

Answer 1

CPR 25.7
(1) If Claim went to Trial, C would OBTAIN JUDGMENT for a SUBSTANTIAL SUM against the D

(2) Payment is a REASONABLE PROPORTION of the likely final sum

(3) Address C’s Contributory Negligence / Counterclaim

Question 2

What is the 2 part test for ‘Contributory Negligence’?

Answer 2

(1) C failed to take REASOANBLE STEPS for their own safety
(2) This failure CONTRIBUTED to C’s damage

Question 3

What is the 4 part test for an ‘Interim (Mandatory / Prohibitory) Injunction?

Answer 3

‘American Cyanamid’ criteria:
(1) ‘SERIOUS QUESITON to be tried (not ‘frivalous’ / ‘vexatious’)
(2) Damages are INADEQUATE REMEDY for C
(3) C’s UNDERTAKING in Damages is good protection for D (C = sufficient £)
(4) BALANCE OF COVENIENCE (who suffers more harm)

Question 4

What is the 4 part test for ‘Freezing Injunction’?

Answer 4

'’Mareva’ criteria
(1) A has GOOD ARGUABLE Case
(2) R has assets BELONGING TO THEM / UNDER THEIR CONTROL in England & Wales
(3) REAL RISK R disposing / removing assets (real > fanciful
(4) JUST AND CONVENIENT to grant (proportioante / fair)