Interim Payments Flashcards
What is the purpose of interim payment?
A payment on account of damages, debt, or another sum, which D may be held liable to pay to C
What are the conditions that need to be satisfied for an interim payment order?
Any of the following:
• D has admitted liability to pay damages to C
• C has obtained judgement against D for damages to be assessed
• It is satisfied that, if C went to trial, C would obtain judgement for a substantial amount of money against D
What must be filed alongside an application for interim payment?
Evidence
What must evidence for interim payment deal with?
• Reasons for believing conditions are satisfied
• Sum of money expected for final judgement
• Sum of money sought for interim payment
• Any other relevant matters
• Personal injury – details of special damages and past and future loss
What is the procedure in interim payment applications?
• C must first ask D
• If D refuses, can make application to the court
How many interim payment applications can a C make?
As many as they want
When can C not apply to the court for an interim payment?
Before the end of the period for the D filing an acknowledgement of service
What is the rule on a court’s interim payment order?
Reasonably proportionate amount, taking into account contributory negligence, set off or counterclaim
Will interim payment by D be disclosed to a trial judge?
Not until all liability and quantum have been decided (unless D agrees otherwise)
