Interim Payments and Security for Costs

Question 1

Timeline for interim payment application (C only)

Answer 1

14 b4 hearing - notice of order , written evidence of app
7 b4 - written evidence in reply (resp)
3 b4 - further evidence of app

Question 2

When may the court make an order for interim payment?

Answer 2

• D has admitted liability
• C has obtained judgment
• Court is satsified that if it went to trial , C would obtain judgment , for substantial sum
• possession of land = Ds would be liable to pay for use of land while claim pending
• C would obtain judgment, 2+ Ds, substantial amount against at least 1)

Question 3

Does the court have power to adjust interim payment order?

Answer 3

• Y - may order repayment, variance/discharge, D to reimburse another D
  (without notice were D has made IP AND amount of payment is more than total liability under judgment)

Question 4

When will interim payment be disclosed at trial?

Answer 4

when all questions of liability and total amount of money decided, unless D agrees.