Interim Payments Flashcards
When can C not apply for an interim payment?
Before the end of the filing period for an acknowledgement of service
Can C make more than one application for an interim payment?
Yes
How many days before a hearing must an interim payment application notice be served?
14 days
When must the respondent to an interim payment application file their evidence?
7 days before hearing
When must the applicant file any response evidence by?
3 days before hearing
What are the conditions for the making of an interim payment?
One of:
a) D has admitted liability to pay damages
b) C has obtained judgment for damages to be assessed
c) if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs)
d) C is seeking an order for possession of land and the court is satisfied that D would owe money for their possession while the claim was decided
e) In a claim against two or more Ds and
(i) if it went to trial, C would obtain judgment for a substantial amount of money against one of them
(ii) all Ds are either insured, a public body or backed by the MIB
What value of interim payment will be awarded?
No more than a reasonable proportion of the likely amount of the final judgment
What must the court take into account when deciding what interim payment to make?
counterclaim/set off
contributory negligence
What powers does the court have after an interim payment has been made?
It can vary
It can order repayment
It can order one D to pay another
When will the court order one D to pay another?
When it seeks to readjust damages on final award
When one party applies for an indemnity or contribution from another party
Can the court award interest on an overpayment of an interim payment?
Yes
Can the fact that an interim payment has been made be disclosed to the trial judge?
No - not until liability and quantum are decided
What must be included with an application for interim payment?
Evidence
Including why it is sought, what it will pay for, why it is justified under the rules, particulars of damages sought where appropriate
Who may apply for security for costs?
D
When can the court order C to pay security for costs?
If it considers it just to do so in the circumstances of the case,
and one of the following applies:
(a) C is resident outside of jurisdiction in a country not bound by the Hague convention
(b) C is a company or other body and there is reason to believe they will not be able to pay costs if required to do so
(c) C has changed address since litigation began with a view to avoiding the consequences of litigation
(d) C failed to give their address on the claim form (or gave an incorrect address)
(e) C is a nominal claimant
(f) C has taken tried to make his assets hard to enforce a court order against
What is stifling with regard to security for costs?
Where an order for security for costs is likely to prevent C continuing their claim. if so, security for costs will not be awarded
Are the merits of the case relevant to security for costs?
Not unless it is easily demonstrated that one party has a high degree of probability of success (i.e. no need for security for costs if D has very little chance of winning)
