Interim Payments

Question 1

When can a claimant apply for an interim payment?

Answer 1

After the period for filing an acknowledgement of service ends

Question 2

Copy of application notice for an order for an interim application must—

Be served at least ___ days before the hearing; and
Be ______ by ______

If the respondent to an application wishes to rely on written evidence at the hearing what must they do? + Time limit?

If the applicant they wishes to rely on written evidence in reply, what must they do? + time limits?

Answer 2

14
Supported by evidence

Must file the evidence and serve it on every other party — at least 7 days pre hearing

Applicant = Must file the evidence and serve it on the respondent — at least 3 days pre hearing

Question 3

When can an order for interim payment be made? (3)

Answer 3

(A) D has admitted liability to pay damage or other sum of money to C

(B) C has obtained judgment against D, pending assessment of damages

(C) Court satisfied that If the claim went to trial, C would obtain judgment for a substantial amount of money

Question 4

What if the claim is against 2 or more Ds?

Answer 4

Court has to be satisfied that if claim when to trial, C would obtain judgment for a substantial amount of money against AT LEAST one of the Ds
AND
ALL the Ds are either insured or a public body

• So C has to show that they will win, but does not have to show against whom they shall win

Question 5

Can C make multiple application for an order for an interim payment?

How can the court order that the interim payment be paid?

Answer 5

Yes

Either in one sum or in instalments

Question 6

Can an interim payment order be adjusted or varied?

What can the court order?

Answer 6

Yes

Court can order ….

(A) all or part of the payment to be REPAID

(B) Vary or discharge an interim payment order

(C) order a D to reimburse, either partly or wholly, another D who made an interim payment

Question 7

What can the courts order if a D has made an interim payment for an amount which was more than his total liability under the final judgment?

Answer 7

Then court can order that it be repaid; and

Award the D INTEREST on the overpaid amount from the DATE HE MADE the INTERIM PAYMENT

Question 8

Where a D makes an interim payment and the case later goes to trial, will the trial judge be aware that the D has made an interim payment?

Answer 8

No

Trial judge will be unaware until questions of liability and the amount of money to be awarded is decided

UNLESS, D agrees to tell judge

Question 9

The court must not order an interim payment of more than a _______ ________ of the likely amount of the _____ _______

Answer 9

Reasonable proportion

Final judgment

Question 11

What must the court take into account when considering making an order for interim payment?

Answer 11

(A) contributory negligence; and

(B) any relevant set-off or counterclaim