Interim Payment

Question 1

Interim Payment: What is an interim payment?

Answer 1

a payment on account of damages, debt or other sum (except costs) which a defendant may be held liable to pay to a claimant.

Question 2

Interim Payment: What are the conditions for an order of interim payments to be made?

Answer 2

• The defendant has admitted liability to pay damages.
• The claimant has obtained a judgement against the defendant for damages to be assessed.
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• It is satisfied that, if the claim went to trial, the claimant would obtain judgement for a substantial amount of money against the defendant, whether or not the defendant is the only defendant.

Question 3

Interim Payment: What evidence is required in an application for an interim payment?

Answer 3

• how the conditions for making an interim payment are satisfied. 🤷‍♀️
• The sum of money for which final judgement will be given,🎁
• The sum of money sought by way of an interim payment,💰
• The items or matters in respect of which the interim payment is sought,📝
• Any document in support of the claim.📑
• Any other relevant matters,

Question 4

Interim Payment: What additional evidence is required for an interim payment relating to PI?

Answer 4

• details of the special damages and past and future loss, and
• in fatal accidents, details of the person(s) on whose behalf the claim is made and the nature of the claim.
• Any documents in support of the claim including medical reports.

Question 5

Interim Payment: What is the procedure for an interim payment?

Answer 5

• claimant should request voluntary payment first. Can do this at any time.
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Same rules as for summary judgements apply.

• Service must be at least 14 days before the hearing.
• The Respondent must file at court and service on the applicant their evidence at least 7 days before the hearing.
• The applicant must file at court and serve on the respondent their evidence in reply at least 3 days before the hearing.
• Both parties must file and exchange a statement of costs 24 hours before the hearing.

Question 6

Interim Payment: When is the earliest that the claimant can apply to the court for an interim payment?

Answer 6

The end of the period for the defendant filing an acknowledgement of service.

Question 7

Interim Payment: Can the claimant make more than one application for an interim payment order?

Answer 7

Yes

Question 8

Interim Payment: Will an interim payment be disclosed to the trial judge

Answer 8

No, not until all questions of questions and quantum of liability have been decided.

Question 9

Interim Payment: How much will an interim payment order be for?

Answer 9

No more that a reasonable proportion of the likely amount of the final judgement, taking into account any contributory negligence, set off or counterclaim.