Interim Payments (W14) Flashcards
CPR 25.6 - Interim payments procedure
- The claimant may not apply for an order for an interim payment before the end of the period for filing an acknowledgement of service applicable to the defendant against whom the application is made.
- The claimant may make more than one application for an order for an interim payment.
- A copy of an application notice for an order for an interim payment must—
(a) be served at least 14 days before the hearing of the application; and
(b) be supported by evidence. - If the respondent to an application for an order for an interim payment wishes to rely on written evidence at the hearing, he must—
(a) file the written evidence; and
(b) serve copies on every other party to the application,
at least 7 days before the hearing of the application. - If the applicant wishes to rely on written evidence in reply, he must—
(a) file the written evidence; and
(b) serve a copy on the respondent,
at least 3 days before the hearing of the application. - This rule does not require written evidence—
(a) to be filed if it has already been filed; or
(b) to be served on a party on whom it has already been served. - The court may order an interim payment in one sum or in instalments.
CPR 25.7 - Interim payments—conditions to be satisfied and matters to be taken into account
(1) The court may only make an order for an interim payment where any of the following conditions are satisfied—
(a) the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;
(b) the claimant has obtained judgment against that defendant for damages to be assessed or for a sum of money (other than costs) to be assessed;
(c) it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment whether or not that defendant is the only defendant or one of a number of defendants to the claim;
(d) the following conditions are satisfied—
(i) the claimant is seeking an order for possession of land (whether or not any other order is also sought); and
(ii) the court is satisfied that, if the case went to trial, the defendant would be held liable (even if the claim for possession fails) to pay the claimant a sum of money for the defendant’s occupation and use of the land while the claim for possession was pending; or
(e) in a claim in which there are two or more defendants and the order is sought against any one or more of those defendants, the following conditions are satisfied—
(i) the court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants (but the court cannot determine which); and
(ii) all the defendants are either—
(a) a defendant that is insured in respect of the claim;
(b) a defendant whose liability will be met by an insurer under section 151 of the Road Traffic Act 1988 or an insurer acting under the Motor Insurers Bureau Agreement, or the Motor Insurers Bureau where it is acting itself; or
(c) a defendant that is a public body.
(4) The court must not order an interim payment of more than a reasonable proportion of the likely amount of the final judgment.
(5) The court must take into account—
(a) contributory negligence; and
(b) any relevant set-off or counterclaim.
CPR 25.8 - Powers of court where it has made an order for interim payment
(1) Where a defendant has been ordered to make an interim payment, or has in fact made an interim payment (whether voluntarily or under an order), the court may make an order to adjust the interim payment.
(2) The court may in particular—
(a) order all or part of the interim payment to be repaid;
(b) vary or discharge the order for the interim payment;
(c) order a defendant to reimburse, either wholly or partly, another defendant who has made an interim payment.
(3) The court may make an order under paragraph (2)(c) only if—
(a) the defendant to be reimbursed made the interim payment in relation to a claim in respect of which he has made a claim against the other defendant for a contribution, indemnity or other remedy; and
(b) where the claim or part to which the interim payment relates has not been discontinued or disposed of, the circumstances are such that the court could make an order for interim payment under rule 25.7.
- (4) The court may make an order under this rule without an application by any party if it makes the order when it disposes of the claim or any part of it.
- (5) Where—
(a) a defendant has made an interim payment; and
(b) the amount of the payment is more than his total liability under the final judgment or order,
the court may award him interest on the overpaid amount from the date when he made the interim payment.
CPR 25.9 - Restriction on disclosure of an interim payment
The fact that a defendant has made an interim payment, whether voluntarily or by court order, shall not be disclosed to the trial judge until all questions of liability and the amount of money to be awarded have been decided unless the defendant agrees.
25BPD.2 - Evidence for interim payment application
An application for an interim payment of damages must be supported by evidence dealing with the following:
(1) the sum of money sought by way of an interim payment,
(2) the items or matters in respect of which the interim payment is sought,
(3) the sum of money for which final judgment is likely to be given,
(4) the reasons for believing that the conditions set out in rule 25.7 are satisfied,
(5) any other relevant matters,
(6) in claims for personal injuries, details of special damages and past and future loss, and
(7) in a claim under the Fatal Accidents Act 1976, details of the person(s) on whose behalf the claim is made and the nature of the claim.
