Published: Wed, 07 Mar 2018
13.3 Application for an interim payment
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Interim payments are designed to assist claimants facing hardship as a result of the lengthy nature of litigation.
If the Claimant wishes to obtain an interim payment, they should, in the first instance, write to the Defendant requesting that such a payment be made.
Under CPR 25.7, an application can be made to the Court for interim payment, however, such payments can only be made under certain conditions:
(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.
Other conditions relate to claimants who are seeking an order for possession of land, and also deal with multiple, public body or insured defendants.
If a court does make an order for an interim payment, the amount should be no more than a reasonable proportion of the likely final award. In reaching a figure, the Court must also have regard to any contributory negligence, set-off or counterclaim.
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