Interim Payments

Question 1

What is earliest time an application for an interim payment can be made?

Answer 1

C can’t apply before end of period for which D may file acknowledgment of service

Question 2

Can a claimant make more than one application for interim payment?

Answer 2

Yes

Question 3

When should a Claimant make an application notice for interim payment?

Answer 3

At least 14 days before the hearing date

Question 4

If respondent to an application for order want to rely on written evidence in hearing, when must they serve copies?

Answer 4

At least 7 days before the hearing of the application

Question 5

If applicant wishes to rely on evidence at hearing of application, when must they serve copies on respondent?

Answer 5

At least 3 days before the hearing of application

Question 6

Application must be supported by evidence, what must evidence deal with? (4 details)

Answer 6

PD 25B, para 2.1:

• Amount applied for
• Items or matters interim payment is sought
• Likely amount to be awarded on final judgment
• Reasons for believing the conditions for IP are satisfied

Question 7

Name 3 grounds on which court may make the order under r 25.7

Answer 7

(1) D has admitted liability to pay damages or some other sum
(2) Claimant has obtain judgment against D for damages to be assessed
(3) C likely (note: will) obtain judgment for substantial amount of money

Question 8

Can D contest application on grounds of poverty?

Answer 8

No, but should disclose evidence of their financial position to court if they want judge to take this into account

Question 9

If C establishes entitlement, how much can a court order to be paid?

Answer 9

Can’t make payment of more than a reasonable proportion of likely amount of judgment

Question 10

What will the judge take into account when deciding what amount to order?

Answer 10

Contributory negligence and any relevant set-off or counterclaim

Question 11

Can the court order an interim payment in one sum or in instalments?

Answer 11

Yes - r 25.6(7)