Interim Payments

Question 1

Who makes an application for interim payment?

Answer 1

An application for interim payment is made by the claimant

• It is a payment on account of damages, debt or other sum (except costs) which a defendant may be held liable to pay to a claimant

Question 2

When can the claimant make the application?

Answer 2

After the Defence or acknowledgement of service

• should always start by asking the other side
• CPR 25

Question 3

Submissions for application

Answer 3

This is an application for interim payment, whereby the Applicant is requesting a sum of £x

The court MAY grant interim payment if:
1. One of the conditions in CPR 25.7(1) is met:
a) the defendant has admitted liability to pay damages (or some other sum of money) to the claimant
b) the claimant has obtained judgment against the defendant for damages to be assessed
c) the court is satisfied, that if the claim went to trial, the claimant would obtain judgment for a substantial amount of money against the defendant

2. The court must NOT order an interim payment of more than a reasonable proportion of the likely amount of the final judgment
   - Here the court must take into account contributory negligence, set off or counterclaim
   - Proportionate - overriding objective